By SCM Staff Writer
LAGOS — In a damning indictment of corporate high-handedness and procedural arbitrariness in Nigeria’s financial sector, the National Industrial Court (NICN) sitting in Lagos has voided the purported dismissal of Mr. Lawal, a former employee of United Bank for Africa (UBA).
Presiding over the suit, Hon. Justice Rabi Gwandu declared the bank’s actions illegal, null, and void, revealing a troubling pattern where corporate heavyweights trample on employee rights and disregard institutional safeguards.
The court ordered UBA to calculate and pay Mr. Lawal his full entitlements—including back salaries from November 2014 to March 2015, full monthly salaries running from April 2015 up to the date of judgment, alongside his accumulated gratuities and pension benefits.
A Pattern of Corporate High-Handedness
The conflict began when a UBA customer filed a complaint regarding funds missing from an account. Following the complaint, UBA suspended Mr. Lawal, subjected him to an internal inquiry, and subsequently terminated his employment.
While UBA maintained in court that it accorded the claimant a fair hearing through its internal disciplinary panel and appeals process, facts presented by the claimant’s counsel, Adewale Bolaji Esq., exposed a starkly different narrative—one defined by systemic disregard for internal policy and the rule of law.
Counsel argued that UBA bypassed its own Group HR Disciplinary Process and Sanctions Policy. Crucially, the bank selectively ignored a conclusive investigation by the Nigeria Police Force that cleared Mr. Lawal of any criminal wrongdoing and explicitly named another individual in connection with the missing funds.
Rather than vindicating an innocent employee once law enforcement exonerated him, UBA proceeded with the summary dismissal, effectively sacrificing an employee’s career over unsubstantiated allegations.
Court Indicts UBA Over Denial of Fair Hearing
Delivering a well-considered judgment, Justice Gwandu rebuked the financial institution for acting as prosecutor, judge, and jury. The judge held that UBA failed to show that Mr. Lawal was afforded a fair hearing or that the bank followed its established disciplinary protocols.
The court emphasized the established principle that where an employer seeks to dismiss a worker on the premise of criminal misconduct, such an allegation must first be proven beyond a doubt, and the affected employee must be granted a fair trial in line with natural justice.
Reiterating the core principles of equity and labor jurisprudence, Justice Gwandu remarked:
“It is the rule of equity and justice that where a person has been investigated and cleared of an allegation of such magnitude, his name should be cleansed of the stain that accompanies such an allegation. The Defendant rather insisted on dismissing the Claimant simply because his name was mentioned in a complaint—one which, by Counsel’s admission, was supposedly abandoned or shunned by the Complainant without due diligence.”
This judgment reflects broader systemic challenges within Nigeria’s banking industry, where financial institutions often deploy arbitrary disciplinary measures against lower-cadre and mid-level staff to shield institutional reputations when financial discrepancies arise.
Despite statutory guarantees under Nigerian Labor Laws and the National Industrial Court Act, employees frequently face summary disengagement, denied due process, and labeled with criminal stigmas without judicial conviction.
Justice Gwandu’s ruling joins a series of decisions by the National Industrial Court of Nigeria aimed at curbing employer impunity and enforcing strict compliance with international labor standards, fair hearing provisions under Section 36 of the 1999 Constitution (as amended), and institutional condition of service contracts.
By compelling UBA to settle Mr. Lawal’s arrears stretching back over a decade (from 2014 to 2026), the court has issued a clear warning to corporate boards: internal policies and police clearances cannot be casually brushed aside to penalize workers.