Nigerian Broadcasting Corp. V .tunji D. Bankole (1972)

LawGlobal-Hub Lead Judgment Report

C. O. MADARIKAN, J.S.C. 

The appellant was the defendant, and the respondent the plaintiff, in an action (Suit No. LD/8/68) in which the plaintiff’s writ was endorsed as follows:

“The Plaintiff’s claims against the defendants are as follows:

1. A declaration that the purported dismissal of the plaintiff by the defendants as an Assistant Workshop Superintendent, being an employee of the Defendants which was finally made known to him (the plaintiff) on or about 7th November, 1967, is wrongful, illegal, unconstitutional and of no effect.
2. The payment over of the sum of (pound)2,466: 15:0d to the plaintiff, being arrears of salaries and basic allowance due and payable to the plaintiff by the defendants from June, 1965 to October, 1967, inclusive.

PARTICULARS OF CLAIM

(a) Salaries from June, 1965, to October, 1967, at the rate of (Pound) 76 per month (29 months) (pound)2,036:=:=:

(b) Basic allowance from June 1965, to October, 1967, at the rate of(Pound) 14: 15:=: per month (29 months) (Pound)430:15:=:=:

TOTAL (Pound)466: 15:=:=:

OR IN THE ALTERNATIVE

2. (Pound) 10,000 being general damages for the said wrongful dismissal of the plaintiff by the defendants.”

The plaintiff was engaged as a Mechanic Grade III by the defendant in 1956. He rose to the rank of an Assistant Workshop Superintendent in 1965 on a salary of 76 pounds per month. When the books of the defendant/ corporation were audited, it was suspected that thirty one motor tyres valued at 1 pounds,180.18.8d delivered to the corporation between the 25th of January, 1964, and the 13th of November, 1964, were not applied for the purpose for which they were bought; and, in consequence of this, the corporation addressed a letter (Exhibit A) dated the 28th of April, 1965, to the plaintiff demanding an explanation. The letter reads as follows:

“28th April, 1965

Mr. T.D. Bankole (S.N. 472),

N.B.C.

Lagos.

Thro’ C.E.