Olabode Adewunmi V. Nigerian Eagle Flour Mills (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Oyo State High Court of Justice per Hon, Justice M.A Adegbola (J) delivered on 21/10/2008, wherein the learned trial judge dismissed part of the Appellant’s claim.

The brief facts of the case at the trial are as follows:- That the Appellant was employed by the Respondent as a senior manager in 1994 where he worked up to 2006 when his employment was abruptly determined. The Appellant was alleged in a query to have tempered with the trade debtors account of the company. The Appellant’s prompt reply to the query denying any wrong doing was rejected.

One Mr. Gbenga Aro the then sales Manager of the Respondent is alleged to have confronted the Appellant at a management meeting of his alleged criminal activities in consonance with the said Mr. Gbenga Aro. It is instructive that the said Mr. Gbenga Aro testified for the Respondent as DW1 in the suit of the Appellant as Plaintiff, from which this appeal arose. The learned trial judge in a considered judgment of 44 pages dismissed all the heads of claim of the Appellant on wrongful dismissal.

His lordship however, awarded to the Appellant his entitlement in contribution to the National Housing Fund and the Pension Schemes. The counter-claim of the Respondent as defendant was however successful.

The Appellant who was Plaintiff shall hereafter simply be referred to as Appellant and the Defendant shall be referred to simply as Respondent.

A total of 18 grounds of appeal were filed with particulars; with the order of this court 6 additional grounds were added to the 12 grounds originally filed.

On the 21st November, 2013, when this appeal was heard, the learned counsel for the Appellant, Oladipo Olasope with A. A. Momoh adopted and relied on the brief of the Appellant dated the 29th September, 2010 and filed on the 30th September, 2010.

Olanrewaju Osinaike Esq. with Temitope Oyeyemi Esq. also adopted and relied on the brief of argument of the Respondent dated the 27th October, 2010 and filed on the same date.

The Appellant formulated 6 issues for determination in response of which the Respondent formulated 3 issues.

The Appellant’s issues are as follows:-

1. Whether the Defendant was justified in dismissing the Appellant from its employment when the allegations against the Appellant were criminal in nature.
2. Whether the Appellant was afforded a fair hearing before his employment was terminated.
3. Whether the learned trial judge was right in relying solely on the evidence of Mr. Gbenga Aro (DW1) in finding that the Appellant was guilty of fraudulent activities.
4. Whether the learned trial judge was right in holding that a case of gross misconduct had been proven against the Appellant.
5. Whether the learned trial judge was right in holding that the Appellant was made to confront his accuser.
6. Whether the learned trial judge was right in his approach by believing a witness solely and not giving reasons why he did so and why he disbelieved another one.

The Respondent’s 3 issues are as follows.

1. Whether in view of the available materials and the state of the law, the trial court was right in dismissing the Appellant’s claim.
2. Whether the Respondent observes the rule of natural justice in the particular circumstances of this case.
3. Whether in view of the uncontroverted evidence of DW1, the Appellant’s admission on record and the state of the law, the trial court was right in granting the defendant’s counter claim.

This appeal shall be determined on the three issues formulated by the Respondent which issues fully incorporate those of the Appellant. The issues shall however be taken in the reversed form as follows:- Issue 3, 2, 1.

Issue three