George Onwudike Ejimbe V. First Bank Of Nigeria PLC (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of P.N.C. Umeadi J. in the High Court of Justice, Idemili Judicial Division, sitting at Ogidi on Assignment from the Nnewi Judicial Division, Anambra State in Suit No. HN/128/2000.

The Appellant as plaintiff before the court below by his further Amended Statement of Claim dated 28/5/2001 and filed on 18/6/2001 claimed from the Respondent particularly as follows:-

“24. The summary dismissal was contrary to the conditions of service governing plaintiff’s employment.

Particulars

(a) Plaintiff was not referred to the Regional Disciplinary Committee and did not appear before any disciplinary committee.

(b) Plaintiff was never issued with a query which ordinarily should come from the Chief Inspector of the Regional Officer (sic).

(c) Staff who had involved the branch in heavy financial losses or suppressed cheques had received less punishment than plaintiff including recall.

(d) The bank suffered no financial loss. Senior Managers, both field and Head office, were promoted and given heavy pay for performance in respect of the operation on this account.

26. Wherefore, Plaintiff had suffered great loss and damage, his reputation lowered in the estimation of right-thinking methods (sic) men of the society, and has been denied his salaries until attainment of retirement age, and deprived of his gratuities, entitlements and pensions on retirement. Plaintiff further contends that he had been of reasonably robust age (sic) and expends to live up to 70 years enjoying his pensions.
27. And plaintiff claims the sum of N14,275,497.30 (Fourteen million, two hundred and seventy-five thousand, four hundred and ninety-seven naira, thirty kobo) being general and special damages…………..”

Pleadings were filed and exchanged in the court below. The relevant pleadings being the aforementioned plaintiff’s further further Amended Statement of Claim dated 28/5/2001 and filed on 18/6/2001 and the further further further or 3rd further Amended Statement of Defence dated 14/12/2001 and filed on 19/12/2001.

The case of the Appellant is that after serving the Respondent for a period of 23 years, he was summarily dismissed as a manager from his employment by the Respondent by a letter of 22/10/99. That when the Appellant became the Respondent’s Nnewi Branch Manager, he met or inherited three main Corporate accounts one of which was known as Rimco account being managed by the Chief Executive of the Respondent and controlled by the Bank’s Head Office under the close supervision of the senior manager, while the branch manager handled only payment of cheques on the account.

That the practice which was already in existence and inherited by the Appellant in respect of the Rimco account when he took over as the Respondent’s Nnewi Branch Manager was that over the years, cheques of about N300 Million were moving in and out of the account on a weekly basis and honoured without clearing in a peculiar banking practice between Oceanic Bank and the Respondent Bank thus creating a fake turnover of N12 Billion and consequent monthly profit of N8.12 Million and which high artificial or non-existent turn over enabled the customer (Rimco) enjoy a credit facility by way of an overdraft facility or N690 million with the Respondent.

Appellant witnessed that as was the usual practice, several batches of cheques were lodged into the Rimco account at the Respondent’s Nnewi branch and simultaneously Oceanic bank cheques were lodged into the account to cover same and the cheques were given immediate value to the customer without waiting for clearance. But, that, sometimes, the National Drug Law Enforcement Agency (NDLEA) wrote two letters to the Oceanic Bank and to the Respondent Bank requesting the banks to furnish them with certain information. But Oceanic Bank panicked and returned all of the several batches of cheques totaling N807 million which resulted in an excess position which the Appellant reported to the Respondent’s head office.

That the Respondent suspended the Appellant and moved into action and with the assistance of the Appellant fully recovered the money and in fact made a profit of N113 Million from the transaction. That the Respondent directed its Chief Inspector to investigate the matter which he did and made a report which did not personally indict the Appellant for the returned cheques but blamed same on the abuse of uncleared effect facility. When the situation normalized, the Appellant wrote pleading that his suspension be lifted but the Respondent handed him a letter summarily dismissing him from its employee (Exhibit J and K) without any entitlements or retirement benefits.