First Bank Of Nigeria PLC V. MR. John Edet Anwana (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment)

This is in respect of an appeal against the decision of the High Court of Akwa Ibom State, Ikot Abasi Judicial decision delivered by A.E. Archibong J. on the 23rd January, 2013.

The respondent was a staff of the appellant at its Ikot Abasi, Akwa Ibom State branch until his dismissal by the appellant via a letter dated 5th January, 2000. Prior to this, the appellant’s Ikot Abasi branch had been robbed by armed robbers on 29th November, 1999.

Thereafter the respondent and a co-staff were arrested and prosecuted by the police, an exercise which resulted in the discharge and acquittal of the respondent by the Chief Magistrate Court in a judgment delivered on 10th September, 2004.

The respondent subsequently took out a writ of summons against the appellant dated 15th June, 2005. By the amended statement of claim filed on 9th August 2007 on pages 38-41 of the record of appeal, the reliefs sought by the respondent are as follows:

Whereof the plaintiff claims from the Defendant the sum of N100m being special and general damages for wrongful termination of employment, false imprisonment, malicious prosecution and libel as follows:

PARTICULARS OF SPECIAL DAMAGES

(a) Salary per month N37,351.61

(b) Salary per annum N447,019.00

(c) Salary for 8 years N3,576,154.60

(d) Total allowance per annum N4, 320,000.00

(e) Total allowance for 8 years N34,560,000.00

(a) Total amount as special damages N39,136,154.60

b) General Damages N26,963,946.00