United Bank For Africa Plc V. Mrs Doreen Nkolika Oranuba (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos state Coram Adesanya J. delivered on the 27th day of November 2008 granting most of the reliefs claimed by the Respondent for wrongful dismissal from her employment in the Appellant bank.

The Respondent was an employee of the Appellant for over 20 years at its Nnewi Branch. She rose from the position of special Trainee on grade level 5 in 1982 when she was employed to Branch Relationship Manager in the commercial Department of the bank in December 1997. The Respondent claimed that during the pendency of her employment, she discharged her duties with due care, diligence, honesty, maturity and loyalty to her employer. She claimed she duly complied with the Defendants code of professional Conduct and Ethics and that her impressive performance earned her elevation to various sensitive post in the bank such as Branch Relief Accountant in 1995, Relief Manager in 1996 and Account Officer in the Commercial Division in 1997.

She claimed that during her time in the commercial Division of the Nnewi Branch as the Relationship Manager, the Branch Profit rose from six million naira in the year 2000 to over sixty-four million naira in 2002. She received high commendation from the bank. She claimed she was dismayed to have received a letter of suspension dated 16/4/03 and subsequently another letter of dismissal dated 6/5/03. She claimed the letters were illegal and unlawful and also against the principles of natural justice, equity and good conscience as the letters did not disclose any reason for her suspension and dismissal.

Consequently, by a writ of summons dated 5/8/05 and a first amended statement of claim dated 17/4/07 at pages 233 – 237 of the record of appeal, the Respondent sued the Appellant claiming the following reliefs:

a. An Order of Declaration that the letter dated 16th April 2003 from the Defendant suspending the Claimant from work as a staff of the Defendant is unlawful, null, void and of no legal effect whatsoever;

b. An Order of Declaration that the letter dated 6th, May, 2003 from the Defendant dismissing the Claimant from its employment as a staff is unlawful, wrongful, null and void.

c. An Order of Declaration that the claimant committed no gross misconduct or any other misbehavior to warrant or justify her purported suspension and dismissal under the conditions of service of the Defendant;

d. Special and general damages in the sum of N13,872,416.00 (Thirteen Million, Eight Hundred and Seven Two Thousand, Four Hundred and Sixteen Naira) for unlawful suspension and dismissal of the Claimant from the service of the Defendant and with interest thereon at the rate of 21% per annum from the 31st of July, 2005 up to Judgment and thereafter at the rate of 21% per annum until fully paid.

e. An Order directing the Defendant to pay the Claimant’s salary allowances and bonuses up to the age of retirement and all other entitlements including pension and gratuities as provided for in the Terms and Conditions of service of the Defendant; and

f. Any Order or further order as the Court may deem fit to grant in the circumstance.”

In its Statement of Defence dated 6/12/05 at pages 64 – 66 of the record, the Appellant emphatically denied the Respondent’s Claims in their entirety and asserted that the Respondent was grossly negligent in the course of her work with the Appellant; that she contravened the Defendant’s Credit policy Manual by failing to monitor the arrival of vessels and shipping documents in respect of the import finance facilities for two customers which she initiated; that her gross negligence and dereliction of duty resulted in the Defendant incurring losses in the sum of N43.3 million naira in the case of the first customer Judyke Industries Ltd and N56.5 million in the case of the second customer, Morrison and comfort Ltd; that her dismissal from the employment of the Appellant was consistent with the provisions of her contract of employment as stipulated in the Appellants staff Hand Book, credit Policy Manual, and the code of professional conduct and Ethics; and that she was not entitled to any of the reliefs claimed in the First Amended Statement of Claim.

The suit proceeded to trial before the lower Court on 10/1/08. The Respondent gave evidence on her own behalf and called no other witness. She tendered 10 exhibits, C1 – C10. The Appellant called one witness and tendered 11 exhibits, D1 – D11. The lower court delivered Judgment in the suit on 27/11/08 granting reliefs a, b and c of the Respondent’s claims. The lower court further awarded the sum of N2,628,110.06 as damages to the Respondent with interest on the said sum at the rate of 10% per annum from 6/5/03 till Judgment and thereafter at the same rate until final liquidation of the total judgment debt.

The Appellant being dissatisfied with the Judgment appealed to this court by a Notice of Appeal dated 26/1/09 containing ten grounds of appeal. In compliance with the rules of this court briefs of argument were filed and exchanged. The Appellants brief was settled by Fred Onuobia Esq., while he Respondent’s brief was settled by Chief Philip Ndubuisi Umeh. The appellant out of the ten grounds of appeal formulated six issues for determination. The issues are as follows: