MR. Osamata Macaulay Adekunle V. United Bank For Africa PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the National Industrial Court of Nigeria, sitting at Ibadan delivered by B.B. Kanyip; J on the 10th day of July, 2014.

Before the Court below, the Appellant who was the claimant took out a General Form of Complaint dated and filed the 30/5/2012 according to the rules of that Court, wherein by Paragraph 34 of the Statement of Facts sought the following reliefs:

1. A DECLARATION that the indefinite suspension of the claimant is unconstitutional, illegal, contrary to the rules of natural justice, equity and good conscience and therefore null and void and of no effect whatsoever.
2. A DECLARATION that the said indefinite suspension of the claimant was unlawful, wrongful and done in flagrant breach of the defendant’s company Policies and Procedures as contained in the UBA Employee Handbook.
3. A DECLARATION that the claimant is still in the employment of the Defendant and is entitled to all his just entitlements, salaries, allowances, bonuses, emoluments and other perquisites of office.
4. AN ORDER setting aside, invalidating and

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making void the said indefinite suspension of the Claimant.

5. AN ORDER reinstating the Claimant to his employment in the defendants company without any loss of seniority and commensurate entitlements, salaries, allowance, bonuses, emoluments and/or other perquisites of office, from the time of his unlawful and inequitable suspension.
6. AN ORDER directing the Defendant to pay over to the Claimant all his allowances, bonuses, emoluments and other perquisites of office, from the time of his purported indefinite suspension until his full reinstatement and thereafter.
7. AN ORDER awarding 35% pre-judgment and 10% post-judgment interest on the Claimant’s entitlements, emoluments, allowances, salaries, bonuses, etc.
8. AN ORDER awarding the sum of N10,000,000.00 (Ten Million Naira) only as general damages to the claimant for the unlawful, unconstitutional and unconscionable indefinite suspension and the attendant psychological and emotional trauma which the claimant was made to suffer.
9. AN ORDER granting any other relief(s) that the Court may find the Claimant entitled to ex debito justitae (sic)
10. The cost of this

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avoidable but provoked action.

The case of the Appellant is that, he was employed by the Respondent as a Bulk Teller in February, 2007 at its Ilorin 2 Branch, Murtala Mohammed Way, Challenge, Ilorin. That he applied for and was subsequently offered appointment as an Executive Trainee with the Respondent on the 23/11/20007, which he validly and duly accepted. That, due to his dutiful, diligent and satisfactory performance, his appointment was confirmed vide letter of “Confirmation of Appointment” dated the 17/4/2009. That by the said letter of 17/4/2009, he became a full time employee of the Respondent on the payroll of the Respondent, entitled to all rights of an employee, such as salaries, allowances, benefits, bonuses and other perquisites of office. Furthermore, that such employment was governed by the Rules, Policies and procedure as contained in the UBA Employee Handbook.

It is also the case of the Appellant that in September, 2009, the duo of Kabir Abdulazeez and Mudasiru Kolawole Muritala who were custodians of the ATM at the Ilorin 1 Business office were alleged to have been involved in an ATM fraud of One Million, One Hundred Thousand Naira

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(N1.1 million) only. That, at the time of the alleged fraud, (Appellant) was the Operation Manager at that Branch, and had the duty of supervising the ATM custodians. That, he, along with the ATM custodians were queried on their involvement in the fraud and subsequently appeared before a Disciplinary Committee set up by the Respondent on the 17/10/2009, and that he declared his innocence before the committee. That, both Kabir Abdulazeez and Mudasiru, the ATM Custodians were found guilty and made to resign their appointments with the Respondent. According to the Appellant, he waited for the Respondent to recall and reinstate him and also made several efforts to know his status with the Respondent without any success. The Appellant therefore contended that, the result is that, he was on suspension for several months without pay whereof he caused his counsel to write the Respondent vide Exhibit “F” to which the Respondent replied vide Exhibit “G”. Furthermore, that when the Respondent again failed to act, he again caused his solicitor to write Exhibit. “H” but the Respondent ignored the said Exhibit “H”. In the circumstances, he caused his solicitor to institute

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the action which is the subject of this appeal.

The case of the Respondent (as Defendant) at the Court below is that, the Appellant was offered employment as an Executive Trainee vide letter dated the 26/11/2007, and which employment was confirmed vide “Letter of Confirmation” dated 17/4/2009. That in September, 2009, the Business Operation Manager (BOM) of the Ilorin 1 Business office where the Appellant, worked made a report that a sum of One Million, One Hundred Thousand Naira Only (N1,100,000.00) was stolen from the ATM machine of that Ilorin 1 Business Office. That, at the time of the theft, the Appellant was the Customer Service Officer charged with the duty of monitoring and supervising the ATM custodians. That, when questioned, the ATM custodian indicted the Appellant who had direct supervisory role over him, and three other staff; and that the case against the Appellant is that, he took a loan of N400,000.00 from the amount stolen from the ATM machine, knowing that the said money was stolen. That, by so doing, the Appellant compromised his supervisory role over the ATM custodian, and thus jeopardized the interest of the Respondent for his