Unity Bank PLC V. Mr. Akinlabi S. Oluwafemi (2006)

LawGlobal-Hub Lead Judgment Report

STANLEY SHENKO ALAGOA J.C.A.

At the High Court of Justice, Akure Ondo State of Nigeria, the Respondent as Plaintiff took out a writ of summons against the Appellant as Defendant claiming the following which are replicated in paragraph 44 of his statement of claim dated the 14th January 2003 and filed same day-

(1) A declaration that the letter reference No. P/CON/2359 dated May 9, 2002 addressed to Plaintiff by defendant titled “Re: Attempted fraud of N68 million through Electronic Transfer:- Account 206, Akure Branch” which letter purportedly terminated Plaintiff’s appointment and removed him from the employment of defendant is wrongful, irregular, unconstitutional and of no effect whatsoever.

(2) An ORDER directing the Defendant to pay to the Plaintiff all salaries that he may be entitled to with all terminal benefits including gratuity and pensions as contained in the Managing Director’s circular Ref MD & CE/CON.20/09.99 of 16th September 1999.

3 months salary at N14,678 per month – N44,034.00

gratuity of 190% of terminal basic salary – N334,658.40

2002 Leave Allowance – N21,163.32

TOTAL – = N399,828.72

(3) Payment of monthly salary and Allowance by the Defendant to the Plaintiff with effect from May 2002 till such a time when the suit shall finally be disposed of at the rate of N46,916.68 per month.

(4) N11.5 million as damages for defamation published of and concerning the Plaintiff by the letter of the Defendant dated May 9, 2002 with reference No. P/CON/2359 to the effect that RE: ATTEMPTED FRAUD OF N68 MILLION THROUGH ELECTRONIC TRANSFER S-ACCOUNT 206 -AKURE BRANCH” as follows:

This is to inform you that the Management has completed investigation on the above fraudulent case and level of your involvement was established.

In view of this, it is regretted that you have abused the confidence reposed in you and the Management is therefore no longer interested in your services hence your appointment is hereby TERMINATED with effect from the date of this letter.

You are expected to pay en- bloc your total loan commitments or submit an acceptable repayment proposal to your Branch Manager, failing which we will compel the Management to institute legal action against you to recover same. You are also to surrender all the Bank’s property entrusted to you including your staff identity card to your Branch Manager.

Yours faithfully,