Yusuf Abdulmaruf V Union Bank Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Kwara State High Court (herein referred to as the trial Court) sitting in Ilorin Judicial Division and delivered on 20/12/2012.

The Brief facts of the case is that, the Appellant (as plaintiff) before the trial Court was an employee of the Respondent (as Defendant) before the trial Court) since 1990 as a clerk. He rose to the status of Officer II and was confirmed a permanent staff of the Respondent. The Respondent is a Financial Institution carrying on banking operation under the Banking Laws of Nigeria.

Sometime in May 2004, the Appellant was arrested and arraigned before Chief Magistrate Court, Ilorin for an offence of negligent conduct and was consequently interdicted.

After thorough investigation, the Director of Public Prosecution (D.P.P.) issued a legal advice exonerating the Appellant of the offence of negligent conduct against him and Magistrate Court acting on the advice discharged and acquitted the Appellant. Consequent upon this, the Appellant wrote a letter to the Respondent for re-instatement to his former position but the Respondent refused, rather the Appellant was dismissed from the Respondent’s service for gross-misconduct contrary to the terms of his employment.

Appellant being aggrieved brought action at the trial Court claiming the following reliefs:-

i. A declaration that the dismissal of the Claimant by the Defendant vide a letter dated 20th March, 2006 is illegal, unconstitutional, null, void and violation of his fundamental right of fair hearing.

ii. A declaration that the dismissal of the claimant retrospectively by the Defendant vide a letter dated 20th March, 2006 is illegal, unconstitutional, null and void and of no effect.

iii. A declaration that the employment of the claimant with the Defendant is still subsisting.

iv. AN ORDER directing the Defendant to reinstate the claimant to his position as Officer II with all his rights, privileges attached thereto.

v. AN ORDER of Court that the claimant is entitled to be paid arrears of his monthly salaries, allowances and other entitlements with effect from January, 2006 until the date of judgment in this case.

vi. ALTERNATIVELY AN ORDER directing the defendant to convert the claimant’s dismissal to retirement and to be paid all his benefits and entitlements.

During the trial, the Appellant testified for himself and did not call any other witness. He tendered some Exhibits marked “A” – “U”. The Respondent on the other hand called also one witness and did not tender any Exhibits.

At the close of the case the parties filed and exchanged written addresses which they respectively adopted, and the case was adjourned for judgment.