Court dismisses N10 million suit against Access Bank

 

 

Emmanuel Thomas I Monday, July 17, 2023

 

IKOYI, Lagos, Nigeria – The Lagos division of the National Industrial Court of Nigeria, NICN has dismissed the suit filed by a claimant, Mrs. Mojisola against Access Bank of Nigeria Plc, claiming the sum of N10 million  as damages for alleged wrongful dismissal.

Justice Elizabeth Oji, a professor of law held that Mojisola’s allegation of wrongful employment termination and demand of N10 million as damages against Access Bank failed for lacking merit.

The Court also ordered the Economic and Financial Crimes Commission, EFCC to immediately return Mojisola’s International Passport seized from her while investigating the case reported to it by the Access Bank.

In her judgement, Justice Oji held that from facts, the claimant- Mojisola had submitted that Access Bank placed her on suspension for alleged negligence and was taken before the EFCC for investigation and prosecution and that while the investigation was ongoing, Access Bank completed the process started by the suspension letter and terminated her appointment.

“She averred that the procedure adopted in suspending her for a disclosed reason leading to the termination of her employment without justifying the alleged reason and without following the procedure set out in the Bank Staff Handbook is wrongful.

“In defence, the 1st Defendant- Access Bank pleaded that Mojisola failed to comply with the established banking procedure and her employment was terminated after due process had been complied with and was paid 3 months’ salary in lieu instead of a month’s salary she was ordinarily entitled to and that the Bank is not liable to the claim against it.

“The bank argued that by the staff handbook, Mojisola ought to be dismissed but was magnanimous by merely terminating her employment and still paid her 3 months’ salary in lieu of notice instead of just a month’s salary.

“Counsel further submitted that EFCC was only carrying out the duties conferred on it and that if Mojisola desires to retrieve her international passport she knows what to do. Counsel urged the Court to dismiss the case of Mojisola against the bank in its entirety”, the judge noted.

However, in opposition, Mojisola’s counsel averred that by the modern approach of the Court, although his client was paid 3 months’ salary in lieu of notice, she has not till date been allowed access to her salary account domiciled with Access Bank.

 

Counsel prayed the Court to restore Mojisola to her legitimately deserved position in the Banking industry and in alternative grant compensation akin to aggravated damages to give his client an ease of life.

Delivering judgement, Justice Oji noted that after careful evaluation of the submission of both parties, it is clear that the burden is on an employee who contends that the termination of his employment is wrongful to adduce cogent and credible evidence in support of the assertion.

Justice Oji ruled that there is no evidence before the Court to the effect that Mojisola was placed on suspension for more than four weeks contrary to the provision of terms and conditions of her engagement.

The Court held that according to Mojisola’s terms and conditions of engagement, she was investigated for an infraction of bank processing and procedure which attracts summary dismissal, and she has not proved before the Court that Access Bank could not impose a lesser punishment on her in place of summary dismissal provided for under terms and conditions of her engagement.

The court further noted that the steps taken by the Access Bank were within the confines of the terms and conditions of Mojisola’s engagement, and that the Bank was indeed very considerate respecting the punishment of employment termination rather than dismissal.

Justice Oji ruled that failure and refusal of the 2nd defendant- Economic and Financial Crimes Commission to defend the case means acceptance to obey any Judgement emanating from the Court.

It found that the evidence of Mojisola with respect to the seizure of her International Passport remains unchallenged, and ordered the EFCC to immediately return Mojisola’s International Passport seized from her while investigating the case reported to it by the Access Bank.