![]() ![]() That both he and DW were alerted after the Internal Control Department of the defendant discovered the manipulation and that while the claimant was unlawfully dismissed after 30 years of unblemished service, DW was warned and his promotion delayed for one year. That both the claimant and DW (Mike Komolafe), therefore, not being aware that credit transfer was fraudulently done did approve the respective withdrawals of N146 Million in cheques and N10 Million in cash out of the credit transfer. To the claimant, from the totality of the evidence before the Court he did not know and did not do or fail to do anything about the fraudulent transfer of the sum of N350 Million to the account of God’s Will Great Commodity Resources Nig Ltd as shown in Exhibit C7. The claimant also tendered the bank statement of account of God’s Will Great Commodity Nig Ltd as Exhibit C7 through which the said N350 Million credit was transferred. That this collective agreement defines clearly six infractions which constitute “gross misconduct” which would attract dismissal from service and that he has not committed any of the infractions listed therein. The claimant went on that his terms and conditions of service are amplified in the subsisting main collective agreement between the Nigerian Employers’ Association of Banks, Insurance & Allied Institutions (NEABIAI) and the Association of Senior Staff of Banks, Insurance & Financial Institutions (ASSBIFI) – Exhibit C6. To the claimant, his guilt has not been established as he has not been charged to any court or tribunal for the said “alleged involvement in fraudulent credit transfer valued at N350 Million” but he was unlawfully dismissed by the defendant vide a letter dated 19th April 2013 but with “effect from 22nd April 2013 for gross misconduct” (Exhibit C5). That in all explanations both oral and written at the Inspectorate Department of the defendant bank and with the EFCC operatives he asserted his innocence and his utmost duty of care and that he had not committed any iota of infraction. On 28th January 2013, he was suspended by the defendant for what was described as “alleged involvement in fraudulent credit transfer valued at N350 Million” (Exhibit C4). For 30 years he served meritoriously, loyally and sincerely in various branches of the defendant bank with accolades and without any query or warning. The case of the claimant is that he was employed by the defendant as a clerk in 1983 vide Exhibit C1 and he eventually rose to the position of Officer 1 vide Exhibit C2 with effect from 1st November 2006. The defendant’s reply on points of law is dated 18th September 2014 but filed on 19th September 2014. The defendant’s written address is dated and filed on 16th July 2014, while that of the claimant is dated 29th July 2014 but filed on 7th August 2014. At the close of trial, parties were asked to file and serve their respective written addresses starting with the defendant. ![]() The claimant reacted by filing his reply to defence and additional list of exhibits, but with no accompanying exhibits.Īt the trial, the claimant testified on his own behalf as CW, while Mike Olurotimi Komolafe, a banker and Head, Teller Operation, Oba Adesida Branch, Akure testified for the defendant as DW. In reaction, the defendant entered formal appearance and then filed its memorandum of appearance, statement of defence, list of witness(es), witness deposition oath, list of documents and a copy of the single document frontloaded and marked Exhibit D1. By the complaint and its accompanying statement of facts dated 5th June 2013, the claimant is praying for the following reliefs –ġ.Ě declaration that the purported dismissal of the claimant by the defendant vide a letter of dismissal dated 19th April 2013 is unlawful and, therefore, null and void having not complied with his conditions of service as a senior staff in the employment of the defendant.Ģ.Ěn order reinstating the claimant to his position as officer Grade 1 in the service of the defendant without any loss of salaries, perquisites and promotions.Īccompanying the complaint and statement of facts are the list of witness, written statement on oath, list of documents and copies of the documents marked as Exhibits C1 – C8. ![]() The claimant took up a complaint against the defendant dated and filed on 10th June 2013. IN THE NATIONAL INDUSTRIAL COURT OF NIGERIAīEFORE HIS LORDSHIP HON. ![]()
0 Comments
Leave a Reply. |