Professional Documents
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Peter Elama Vs UBA PLC
Peter Elama Vs UBA PLC
HOLDEN AT AKURE
BETWEEN
AND
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REPRESENTATION:-
JUDGMENT
The Claimant by a Complaint before this Court on the 14th August, 2017 claims
against the Defendants as follow:
(d) An Order of this Honourable Court compelling the Defendant to pay the
Claimant his full salaries of N27, 744,650.00 and allowances due to him from
October 2011 till the Day of Judgment.
(e) The deductions made from the Claimant’s salary for pensionpaid to the
Claimant. Other entitlements including but not limited to the terminal bene ts,
allowance and emolument be calculated and paid to the Claimant up till the nal
determination of this suit. (f) The Claimant also claims 35% interest in No. 3
above until Judgment is given and 21 % interest from Day of Judgment until the
entire sum is liquidated.
(g) The sum of N10, 000,000.00 (Ten Million Naira) only beinggeneral
damages for embarrassment, harassment, intimidation and physiological
trauma caused the Claimant.
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(h) The sum of N5, 000,000.00 (Five Million Naira) Only beinggeneral
damages.
(i) An Order of the Honourable Court compelling the Defendant to issue the
Claimant certi cate of discharge from his service.
The Claimant led along with the Complaint all the accompanying processes, i.e.
statement of facts, claimant’s deposition on oath, list of witness and documents to
be relied on, while the defendant led a memorandum of appearance on the 18th of
October, 2017, the statement of defence and other accompanying processes.
The Claimant’s case is that he was posted to the Defendant for his primary
assignment during his NYSC service year, thereafter employed as a contract sta
, claimant was nally employed as a full time sta on 2nd January, 2003 and his
appointment was con rmed on the 11th October, 2003. He later rose to the
position of Operations Manager with the defendant. It is the claimant’s case that
following what the defendant referred to as “Fraudulent conversion of
N12,390,920.00 (Twelve Million, Three Hundred and Ninety
Thousand, Nine Hundred and Twenty Naira) only from Harrison
Ekpetin’s account with the Defendant domiciled in Sakpoba Road Branch, Benin
City, investigation was carried out for months by the the Defendant and a report was
submitted to the disciplinary committee of the Defendant, they also issued a report,
neither of which was made known to the claimant.
The defendant in its defence admitted certain paragraphs of the statement of facts
and denied some others.
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The defendant averred that the claimant was a sta of the Defendant but that is no
longer the case as he was found guilty of nancial impropriety by the disciplinary
committee of the Defendant and dismissed for gross misconduct. The allegation
against the claimant is that as branch operations Manager, alongside other sta
of the defendant he failed to exercise due diligence in the transaction which
involved fraudulent conversion of a customer’s funds as collateral for other bank
customers. The defendant stated that the account was debited with the sum of N12,
390,094.74 (Twelve Million, Three Hundred and Ninety Thousand, Ninety four
Naira, Seventy Four Kobo), without the customer’s consent in a bid to clean up cash
collaterised facilities. The defendant averred that as Branch Operations Manager
the claimant is expected to check and con rm that every transaction presented to
him for authorization follows due process and is in line with the bank’s policy, this
he failed to do and it will therefore be a misnomer to retain the claimant as a sta of
the defendant after been indicted of nancial impropriety by the defendant as
this would not have been in the best interest of the defendant as a nancial
institution. The defendant therefore urged the Court to dismiss the suit with
substantial cost.
Trial commenced in this suit on the 9th April, 2018 with the claimant testifying for
himself as CW1, he adopted his witness statement on oath and additional statement
on oath. CW1 also tendered several exhibits which were admitted and marked
Exhibits P1–P14 and was cross examined. The Claimant thereafter closed his case.
On the 14th of May, 2018 the Defendant opened its defence by calling one Abel
Ohaegbulem, as DW1, he adopted his witness Statement on oath and tendered
Exhibit B1, titled “letter of dismissal”, to which the claimant objected, the court
however urged counsel to address it on the admissibility of the document at the
Final Written Address stage, DW1 was also cross examined. The Defence thereafter
closed its case and the case was adjourned for the adoption of nal written
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addresses. The parties adopted their addresses on the 25 October, 2018, and the
case was adjourned for Judgement.
The Defendant led its address on the 1st of June, 2018, wherein it formulated three
issues for determination:
1. Whether the Defendant was right to dismiss the Claimant after its
disciplinary Committee found him guilty of gross misconduct.
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2. Whether this Honourable Court can grant the Claimant the reliefs he seeks,
having been found guilty of gross misconduct by the disciplinary
Committee of the Defendant.
Learned counsel submitted that the claimant appeared before the disciplinary
Committee of the Defendant on allegations of fraud, and was found guilty of gross
misconduct and dismissed, as evidenced by Exhibit P12. This he submitted is
within the rights of the defendant. He argued that the term “Misconduct” is what an
employer says it is. Counsel cited the case of NNB v. Oniovosa (1995) 9 NWLR
Pt. 419 pg. 327 @ 334, paras. F-H; Oyedele v. University Teaching Hospital
(1990) 6 NWLR Pt. 155, 194; Usen vs. BWA (1965) 1 ALL NLR 244; C.B.N v.
Aribo (2018) All FWLR Pt. 925, 93 @ 137, paras.
F-G and Yusuf v. U.B.N (1996) 6 NWLR Pt. 457, 632 @ 648, Paras.H, S.C.
On issue two, counsel submitted that there are three categories of contracts of
employment:
(b.) Servants who hold their o ce at the pleasure of the employer, and;
Counsel argued that the instant case falls into the rst category i.e. master and
servant relationship and the master retains an unfettered right to terminate the
employment, but in so doing, he must comply with the procedure stipulated in the
contract of employment. He also submitted that a servant cannot be imposed on an
unwilling master, citing Longe v. F.B.N Plc (2006) 3 NWLR Pt. 967, 228 @ 265,
paras. G-H; pg. 268, paras. B-H, C.A;Garuba v. Kwara Investment Co. Ltd (2005)
5NWLR Pt. 917, 160 @ 179, para. F, S.C; and others.
Learned counsel argued that since the employment relationship between the parties
is not statutory, an employee’s remedy in a case of wrongful dismissal lies in
damages. He cited Osisanya v. Afribank Nig. Plc (Supra); Olarenwaju v. Afribank
(Nig.) Plc. (2001) 13 NWLR Pt. 731, 691 and U.B.N. Ltd. v. Ogboh (1995) 2
NWLR Pt. 380, 649. The damages available to an employee is the payment of his
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salary in lieu for the period of notice stated in the contract of employment. In other
words, damages will be the amount he would have earned if his employment was
properly and validly determined. He cited Osisanya v .Afribank Nig. Plc (2007) 6
NWLR Pt. 1031, 565 @ 586, paras. D-E, S.C; Imoloame v. WAEC (1992) 9
NWLR Pt. 265, 303 ;and others.
On the claim for general damages, learned counsel posited that general damages are
not awarded in cases of wrongful dismissal, he cited P.Z Ltd. v. Ogedenge (1972) 1
All NLR Pt. 1, (1972) 3 S.C., and noted that Exhibit P2 provides that the
Claimant’s employment may be terminated by giving one (1) month notice or cash
in lieu and that the Bank reserves the right to terminate the employment for
misconduct or unsatisfactory performance before the end of the contract
period. He asserted that parties are bound by the terms embodied in a contract of
employment and where the terms of an employment are written and express,
extrinsic evidence is not admissible to add to or vary the terms. He cited
Olanrewaju v. Afribank (Nig) Plc (2001) 13 NWLR Pt. 731, Pg. 691 @ 714-715
Paras. FC, S.C;Layade v. Panalpina (1996) 6 NWLR Pt. 456, 544 @ 558, Para.
BC, S.C.
Learned counsel argued that the summary dismissal of the claimant is in line with
the contract of employment. He referred to the case of Olanrewaju v. Afribank
(Nig) Plc (2001) 13 NWLR Pt. 731, Pg. 691 @ 712, para.C; 714, Para. F; 715,
paras. B-C, S.C., and argued that a servant who has been dismissed cannot claim
wages for services he never rendered, citing Olatunbosun v. NISER Council
(1988) 3 NWLR Pt. 80, 25; Spring Bank Plc v. Babatunde (2012) 5 NWLR Pt.
1292, 83 @ 101, Paras. C-D and others.
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misconduct undermined the relationship of con dence which should exist
between him and the employer. He cited in support of this position; Arinze v.
F.B.N. Ltd. (2004) 12 NWLR Pt. 888, 663 @ 673. Paras.F-G; 765, paras.E-G;
676-677, paras. G-A, S.C;Yusuf v. Union Bank of Nigeria Ltd. (1996) 6 NWLR
Pt. 457, 632 @ 644, paras. G-H, and others.
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In conclusion, Counsel urged the Court to dismiss the entire suit with punitive costs.
D.O. Eseine of counsel for the claimant thereafter adopted his nal written address
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led on the 10 of October, 2018, wherein three issues were formulated for
determination to wit:
1. Whether the unsigned suspension letter dated October 11, 2011 served on the
claimant by the Defendant was valid and legally binding on the claimant to
proceed on suspension.
2. Whether the claimant was still in the employment of the defendant in the
circumstance of this case from October 2011 till judgment.
3. Whether the claimant proved his case upon which the court can nd for him the
reliefs sought.
On issue one above, counsel submitted that the claimant was served with an unsigned
letter of credit recovery suspension dated 11th October, 2011 i.e. Exhibit P13 following
the recommendation of the Bank disciplinary committee vide Exhibit P12 that the
claimant be suspended for 3 months with zero pay for what the defendant alleged to be
fraudulent conversion of a customer’s xed deposit for various cash collaterised
loans by Isonah Andrew, a sta of the Defendant. He submitted that Exhibit P13
which was unsigned by the defendant is a void and worthless document and does not
have any e cacy in law. He cited Brew Tech Niger Ltd V Folageshim Akinnawo
(2016) LPELR 4009 (CA); Anyaoha V Obioha (2014) 6 NWLR (Pt 1404) 445. and
several other cases and thereby submitted that the suspension of the Claimant is null
and void as an unsigned document is entitled to no weight in the eye of the law, arguing
further he stated that the employment is still unbroken and subsisting and urged the
court to hold that he is entitled to salaries
amounting to N27, 774,000:00 for the period of the purportedSupport suspension and he remains a sta until
the contract is validly
On Issue two, counsel adopted the above argument that Exhibit P13 which is the
suspension letter issued to the claimant was not legally binding and urged the court to
grant the relief that claimant is still in the employment of the defendant.
Learned counsel submitted that where the dismissal of an employee is based on an alleged
criminal charge, the allegation must rst be proved, he cited paragraphs 3, 12, 14,
15, 16, 17 and 18 of the statement of Facts and Exhibit P8 (Certi ed True Copy of the
Judgment of Magistrate court 4, Oredo Magisterial District Benin City) and evidence on
oath in line with Section 59 of the Evidence Act 2011 to support his argument.
He argued that since the claimant was purportedly dismissed based on criminal o
ences of forgery, fraud, conspiracy, collusion, conversion and other allegations contained
in paragraphs 15 and 16 of the statement of Defence, the law is to the e ect that
“where a law or statute has laid down a procedure for doing a thing, compliance with that
procedure is a condition precedent to doing that thing. He cited Cooperative Bank V
Attorney-General, Enugu State (1992) 8 NWLR (pt 261) 528; Atiku Abubakar V
FRN (2002) FWLR (pt 441) 893. He pointed out that the proof of criminal case(s) is
beyond reasonable doubt, citing the case of Adewumi V The State (2016) Vol 259
LRCN 168. ADEKOYA V STATE (2012) 9 NWLR (PT 1306) 539 AT 565 per
Adekeye JSC. The counsel stated further that the alleged oences were not su
ciently pleaded and particularised in paragraph 15 and 16 of statement of defence to
establish the o ences of fraud, forgery, conversion and conspiracy etc. in line with
frontloading regulation in civil cases. He posited that it is the law that a party who relies
on the provision of a statute for defence should plead facts relied upon for bringing a
particular transaction within the ambit of that statute. He cited Mobil Producing Nig.
Unltd. V Udo (2009) ALL FWLR (pt 482) 1177 at 1182; Olalomi Ind. Ltd. V NIDB
Ltd (2010) Vol 178 LRCN 50 at 56 and section 138 of the Evidence Act Cap 112
LFN.
He further argued that there is no valid letter of termination in this suit and buttressed
this point by citing paragraph 2 of the Statement of Defence where the Defendant
admitted paragraph 21 of the statement of Facts, paragraph 21 reads as follows:
“The claimant avers that since his suspension letter dated October
11th. 2011, he was not issued with any other letter terminating his employment”.
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he argued that facts admitted need no further proof, the Defendant having directly,
positively and unequivocally admitted the claimant’s assertion above cannot recant by
citing a letter of termination not tied to the Statement of Defence, he cited ALHASSAN
& ANOR V. ISHIAKU & ORS 2016 VOL 258 LRCN 73 @ 93, and submitted further
that the onus is on the defendant to proof with su cient evidence the claim that it
delivered Exhibit B1 to the claimant, failure of which will be fatal to the it’s case. The
assertion that the letter of dismissal was given to the defendant he argues is an
afterthought and falls short of the proof of despatch. He added further that assuming
without conceding that the claimant was duly suspended, this will not qualify as a
dismissal, he cited LONGE V. 1ST BANK (NIG) PLC 2010 LER SC 1166/2007 @ Pg
52.
In the same vein, learned counsel for the claimant urged the court to hold that the claimant
is entitled to the sum of N27,774,650
(Twenty Seven Million Seven Hundred and Seventy Four Thousand, Six Hundred and
Fifty Naira) only as his salaries for 5 years 9 months from October 11th, 2011 to 14th
August 2017 vide Exhibit P14.
Counsel asserted that the claimant is entitled to the following reliefs; special damages,
general damages, certi cate of discharge. Learned counsel also urged the court to
award cost against the defendant but acknowledged that this is at the discretion of
court.
In conclusion, counsel urged the court to discountenance the defence put up by the
Defendant in this suit and give judgment in favour of the claimant.
On 18th October, 2018, the defendant led a Reply on Points of Law in which the
defendant contended that in an action for wrongful dismissal or termination of
employment, the burden is always on the employee to prove the terms and conditions
of his contract of employment and in what manner the said terms were breached by the
employer.
The Defendant in reply to the claimant’s address stated that it had outlined the
particulars of fraud in the body of its Statement of Defence. And this is preceded by the
last sentence in paragraph 4 of the statement of defence which clearly states
‘’Particulars of fraud are hereunder stated’’. He submitted that the claimant’s
argument on this point is misleading and that counsel are ministers in the temple of
justice and their conduct must always be above board as Counsel should always
endeavour to assist the court instead of misleading it. He cited Akpan v. Bob (2010)
17 NWLR (Pt. 1223) 421 @ 499, S.C.
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The Defendant submitted that Order 30 Rule 17 of the National Industrial Court of
Nigeria (Civil Procedure) Rules, 2017 provides that wherever it is material to allege
malice, fraudulent intention, knowledge or other condition of the mind of any person, it
shall be su cient to allege the same as a fact without setting out the circumstances
from which the same is to be inferred. He therefore submitted that the contention of the
claimant’s counsel is inconsequential.
The Defendant in answer to the claimant’s submissions that the testimony of DW1 is
incompetent as it amounts to hearsay and o ends Section 126 of the Evidence
Act as he was not a party to what transpired between both parties in this suit, argued
that the position of the law is that an authorised agent or employee of a company can
give evidence of any transaction entered into by his principal, and cited the following
cases; Interdrill (Nig.) Ltd. v. U.B.A. Plc (2017) 13 NWLR (Pt. 1581) 52 @ 67, Paras.
E-H; A-D,Nweze, J.S.C.; Ishola v.
Societe Generale Bank Ltd. (1997) 2 NWLR (Pt. 488) 405 @ 424, Paras. E-G and
others.
The defendant submitted that the testimony of DW1 in this suit is not hearsay, as it was
clearly stated on his Written Statement on Oath that he is a banker in the employ of the
Defendant who had given him the mandate and authority to represent it in this suit.
Consequently, his testimony is irreproachable.
The Defendant submitted that it is not every fact that needs to be pleaded. He cited
Saleh v. Bank of the North Ltd. (2006) 6 NWLR (Pt.976) 316 @ 332, Paras. H, S.C.
and argued that a denial of a particular paragraph in a statement of defence by way of a
general traverse has the same e ect as a speci c denial of it. Its e ect, solely,
is to put the plainti to strict proof of the allegation in that paragraph. Its e
ect is that it casts on the plainti the burden of proving the allegation denied. He also
cited Dairo v. Registered
Trustees, T.A.D., Lagos (2018) 1 NWLR Pt. 1599, 62 @ 81-82, paras. H-B,
82, Para. C, S.C.
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of an employee for gross misconduct is a disciplinary measure which carries no bene ts.
He also cited U.B.N Plc v. Soares (2012) 11 NWLR, PT. 1312, PG. 550 @ 575, Paras. F-
G, C.A and concluded by stating that no one should be permitted to pro t from his
own wrong or default (nullus commodum capere potest de injuria sua propria) as the
Claimant is seeking, he cited ABACHA V EKESPIFF (2009) 7 NWLR PT. 1139, PG. 97
at 132, PARA. G. Counsel urged the Court to dismiss this suit in its entirety as it is
dead on arrival and devoid of any morsel of merit.
I have carefully gone through the processes led in this suit and I have come up
with the following issues to best determine this suit to wit;
1. Whether or not the letter of suspension dated October 11, 2011 given to the
Claimant by the defendant is valid.
2. Whether or not the letter of dismissal dated 6th January, 2012 properly
determined the employment of the claimant; and depending on the answer to the
above when is the e ective date of dismissal.
3. Whether or not the e ective date of dismissal is binding on the Claimant.
4. Whether or not the Claimant is entitled to the reliefs claimed.
On issue one, the claimant contends that an unsigned document is a void and worthless
document and does not have any e cacy in law, and so Exhibit P13 which is
unsigned is inadmissible in law and cannot qualify as a valid letter of suspension, thus the
claimant’s employment is still subsisting.
In FCDA Sta Multipurpose (COOP) Society & Ors v. Samchi & Anor
[2018] LPELR-44380(CA) the Court of Appeal per Mohammed Mustapha, J.C.A said
“where a document which ought to be signed is not signed, for whatever reason, then
the very essence of the document is now questionable, because its authenticity is in
serious doubt; it is like a man without a face, only worse, and for that reason, the
ambiguity created as a result be construed against the maker or whoever sought to
present it; see Garuba v. Kwara Investment Co. Ltd.
[2005] (PT.917) 469, Aiki v. Idowu [2006] 9NWLR (Pt.984) 47 and
Zemi v. Geidam [2004] All FWLR (pt.237) 457.”
Further to this the Supreme Court case of Abubakar v. Yar’Adua [2009] All FWLR
(Pt.457)1, was cited in the above judgement where the Supreme Court held;
“a court of law can only pronounce judgment in the light of evidence presented
and proved before it. A Court of law cannot go outside the evidence presented and
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proved before it by embarking on a voyage of discovery in search of other evidence
in favour of the
parties”………………………………………………
The position of the law is trite and tested that an unsigned and undated judgment is
null and void and of no e ect whatsoever, it is as simple as that, the court has
no more interest in the matter than the parties, and if the parties choose to rely on
an invalid document, the trial court is expected simply to disregard it or reject it for
what it is or isn’t; see Awoniyi v. Aleshinloye [1998] 9 NWLR PT.564 71”
The Claimant in his written address is contesting the admissibility in Law of Exhibit P13
which is an unsigned letter of suspension addressed to the claimant, the defendant
however did not deem it t to canvass any argument in response.
However, apart from the fact that it was the claimant that tendered this document, he also
pleaded it, relied on it and complied with the directive in Exhibit P13 after he was served
with the said suspension letter by not going to work. The only attempt he made to go back
to work was when he wrote Exhibit P9 through his solicitor D.O Eseine to the defendant
wherein he demanded for his reinstatement. The claimant is therefore estopped from
denying the validity of the said letter. See the case of Nicholas Frank Opigo v. Van
Kruma Yukwe [1997] 6 NWLR (Pt.59) page 428 at 441, where it was held as follows:
“it is a rule of equity that a party cannot approbate and reprobate which has led to
estoppels by conduct…”
See also Section 169 of the Evidence Act 2011. I nd therefore that Exhibit P13
is a valid and e ective letter of suspension from the circumstance of this case. I so hold.
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On issue two and three, it is the contention of the claimant that based on Exhibit P8
(Certi ed True Copy of the Judgment of Magistrate Court 4, Oredo Magisterial
District Benin City) wherein he was discharged and acquitted of the allegations
contained in the charge sheet by the defendant against him, he is still in the
employment of the defendant.
The defendant on the other hand contends that the employment of the claimant have
since been terminated, and that the defendant was well within its rights to dismiss the
claimant as the employer can dismiss an employee where the accusation against such
employee is of gross misconduct involving dishonesty bordering on criminality, and in
such a case, it is not necessary, nor is it required under Section 36(1) of the 1999
Constitution (As Amended) that an employee must rst be tried in a court of law.
In the case of Imonikhe v Unity Bank Plc [2011] 12 NWLR PT.1262 Pg.624-649 the
Supreme Court held that the plainti ’s dismissal was in order and complied with
the terms of his employment. The court also held that he had been given fair hearing,
having been made aware of the allegations and having been given an opportunity to
defend himself before he was dismissed. The Supreme Court dismissed the appeal and
declined to nullify Mr Imonikhe’s dismissal, rather it a rmed that an employer can
discipline or dismiss an employee without necessarily proving the allegations against
the employee before a court of law.
Subsequently, a Supreme Court decision in Eze v. Spring Bank Plc [2011] 18 NWLR
PT.1278, Pg 113 @ pgs 134 F-H and 135 B-D also con rmed this position where it
held as follows:
“It is no longer the law that where an employee commits acts of gross misconduct
against his employee which acts also disclose criminal o ences under any law, the
employer has to wait for the outcome of the prosecution of the employee to
discipline the employee under the contract of service or employment.”
Flowing from the above, it is clear that the defendant had an unfettered right to dismiss
the claimant whether or not the
allegations against him had been proved or disproved in a court ofSupport law. This however leads us to issue three,
which is, whether or not
Exhibit B1 (a photocopy of a letter of dismissal dated 6th January, 2012) tendered by the
defendant is a valid letter of dismissal of the claimant.
On the 14th of May, 2018 the defendant tendered Exhibit B1, which was objected to by
the claimant on the ground that it was never pleaded nor any foundation as to the
whereabouts of the original laid, the court however admitted the document and urged
parties to address the court on its admissibility at the Final Written Address stage.
– It is not true that Exhibit B1 was made for the purpose of this case
– I do not have any such proof that this letter was dispatched to the Claimant
no DHL, EMS receipt whatsoever.
– The letter was served on the Claimant directly as it is usually done. The party
will be called to the o ce.
“The law is well settled that a notice of termination/resignation takes e ect from the
date the letter was received by the employer or its agent, See WAEC V
OSHIONEBO [2006] 12 NWLR (PT 994) 258;
ADEFEMI V ABEGUNDE [2004] 15 NWLR (PT 895) 1; The apex CourtSupport reiterated and rea rmed this
position of the law in CHRISTIANA
The claimant having denied receipt of the letter of dismissal and the defendant having
admitted that the Claimant did not acknowledge Exhibit B1 shifted the burden of
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proving that the letter of dismissal was received by the claimant on the defendant and
this can only be discharged in three ways:
1. By a dispatch book
2. By evidence of dispatch by registered post.
3. By evidence of witnesses credible enough to testify that the Defendant was served
with it.
See 1ST BANK NIG. PLC V. S.M.P. AKIRI 2013 LPELR 21966, the court further
held in that case per Denton-West JCA as follows:
“It is now settled law that the issue as to whether a document is received or not is
purely an issue of fact to be proved by evidence. In law, the burden of proving the
existence of the material issue in controversy is on a party who will lose if no
evidence is adduced”
In this case, the Defendant failed to place any evidence before this court in proof that
the Claimant was actually served with Exhibit B1, the consequence of this is that the
dismissal only came to the knowledge of the claimant after the initiation of this suit and
speci cally on the 20th of October, 2017 when the defendant was served with the
statement of defence. Further to this the defendant
failed to call any oral evidence in that the employment of the its employment for good or bad
prove of the receipt of Exhibit B1 claimant was determined on the reason or for no reason at all. It
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by the claimant. I therefore 20 of October, 2017 when he is in consonance with this that
nd and hold that the claimant’s became seized of the dismissal the Courts rarely order for speci
employment was determined on letter, I nd that this claim has c performance of
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the 20 of October, 2017. been overtaken by events. I so contract of employment so as not
hold to foist an employee on an
The resultant e ect of the above unwilling employer. See
nd
leads me to issue 4, that is, The claimant by his 2 claim is Adebayo Sunday Joseph & Ors
whether in view of the above the seeking a declaration by the Court v. KWARA State Polytechnic &
claimant is entitled to the claims that the disengagement of the Ors [2013] LPELR 21388
he is seeking in this case. claimant by the defendant is (CA); A.R .MOMOH V C.B.N
wrongful, irregular and against [2012] 1 NLLR.P. 48 @ P. 78.
The claimant’s rst claim is a the rules of natural justice. And in Abomeli v. NRC [1995]
declaration that the continuous 1 NWLR (PT.372) 451 CA
suspension of the Claimant It is the law that, ordinarily in a
where the court held that:
without issuance of the letter of master/servant relationship, a
termination by the Defendant is master is entitled to terminate the
illegal, null and void. Having held employment of its employee from
The claimant stated that the month notice or cash in lieu
disciplinary committee of the while the Bank reserves the
“The employer has a general defendant questioned him and right to terminate the
power to dismiss for two (2) other sta namely Andrew employment for misconduct or
misconduct of any kind that Isonah and Fasida Subomi based unsatisfactory performance
can justify dismissal and to on the earlier investigation and he before the end of the contract
terminate the employees was later requested to proceed on period….”
employment or give him a loan recovery suspension with
month’s salary in lieu of notice. zero pay.
For instance, dishonest
practices, or criminal activities, This is distinct from a dismissal,
or acts and behaviour that as a dismissal is an immediate It is clear from the above
demonstrably portray an cessation of the contract of therefore that the defendant can
employee as an unreliable employment, the court in dismiss any of his sta for
person are very strong reasons Abomeli v. misconduct or unsatisfactory
for an employer to dismiss an N.R.C Supra, outlined the performance.
employee. In most cases, the following degrees of misconduct
dismissal of an employee is which give an employer liberty to On the Declaration sought by the
usually attributable to acts of dismiss an employee. These claimant that he is still in the