Mr. Kunle Osisanya V Afribank Nigeria Plc (2007)

LAWGLOBAL HUB Lead Judgment Report

A. OGUNTADE, J.S.C

The appellant was the plaintiff at the Ilorin High Court of Kwara State; and the respondent, the defendant. The appellant (hereinafter referred to as ‘the plaintiff’s) claimed against the respondent (hereinafter referred to as ‘the defendant’) multiple reliefs which read:

“i. A declaration that the dismissal of the plaintiff from the services of the defendant as contained in letter ref. No. OO/MEN/VOK/PERSONNEL/4835/87 of 12th October, 1987 is wrongful, unlawful, unconstitutional, null and void and of no effect whatsoever.

ii. A declaration that the decision of the defendant’s senior staff disciplinary committee, which culminated in the dismissal of the plaintiff is contrary to the principles of natural justice and a deliberate and calculated infraction of the plaintiff’s right of fair hearing as contained in and preserved by section 33(1) & (2) of the constitution of the Federal Republic of Nigeria, 1979 and therefore null and void and of no effect whatsoever.

iii. A declaration that the employment of the plaintiff with the defendant is still subsisting notwithstanding the said purported dismissal.

iv. An order commanding the defendant to reinstate the plaintiff to its services and to pay to the plaintiff his full salaries, entitlements, allowances and/or benefits from the date of his suspension and subsequently dismissal up to the date of judgment.

v. An order that the plaintiff is still entitled to receive all the accrued dividends, bonuses on script issue or that will accrue in future in his 1,332 ordinary shares bought by the plaintiff herein at the rate of N1.00 per share being the plaintiff’s equity share participation in the defendant’s bank. Letter dated 31/8/87 to the plaintiff by the defendant and the plaintiff’s share warrant will be founded upon at the trial of this suit.

vi. Alternatively, the plaintiff claims from the defendant the sum of N176,602.00 (One hundred and seventy-six thousand, six hundred and two Naira only) being special damages for his wrongful dismissal from the services of the defendant.

Particulars of special damages

i. Plaintiff’s remaining half salary for the months of September, 1987 to October, 1987 of N275.00 each = N550.00

ii. Transport allowance for the months of September and October, 1987 of N200.00 each = N400.00

iii. Housing Allowance for the months of September and October, 1987 of N300.00 each = N600.00

iv. Lunch Voucher allowance for the months of September and October, 1987 of N5.00 per day = N240.00

v. 12% of the plaintiff’s basic salary of N6,600.00 per annum being his contribution to the National Provident Fund. = N792.00