Hon. Justice Sinmisola Adeniyi sitting in Abuja Judicial Division of the National Industrial Court has declared the allegation of wrongful termination of employment filed by the former Deputy Manager, Mr. Garba against First Bank of Nigeria Ltd as unmeritorious.
The Court ordered Mr. Garba to pay First Bank of Nigeria Ltd the sum of (N3,445,833.22) Three Million, Four Hundred and Forty-Five Thousand, Eight Hundred and Thirty-Three Naira, Twenty- Two Kobo) being the outstanding balance of Loans collected while in service within 30 days.
From facts, the Claimant- Bitrus Garba had submitted that the termination of his appointment by the First Bank of Nigeria Ltd for services no longer required is unwarranted and contended that the loan he obtained from the Bank ought to have been liquidated by the bank’s Insurers and further alleged that after his appointment was terminated, his account with the bank was wrongfully debited.
Mr. Garba alleged that he is entitled to payment of his terminal benefits and for damages that the termination of his appointment without any reason whatsoever violates International best practices and averred that having served the bank since 2006 and due for retirement on attaining the age of 60 in 2030, the termination of his appointment was to deprive him of his full entitlements at retirement.
In defendant, Defendant- First Bank of Nigeria Ltd denied the entirety of Garba’s claims and maintained that his appointment was terminated by the terms and conditions of his employment, and alleged that Mr. Garba has failed and refused to pay the indebtedness in spite of repeated demands.
The bank maintained that by the terms of employment, it had no obligation to state any reason for terminating Mr. Garba’s appointment, and the insurance policy, is not binding on Mr. Garba not being a signatory to the policy.
In opposition, Mr. Garba also contended that he is entitled to be issued with certificate of meritorious service for the furtherance of his career and submitted that by international best practices, the termination of his employment for services no longer required is not a valid reason, and urged the Court to grant the reliefs sought.
Delivering judgement after careful evaluation of the submissions of both parties, the Presiding Judge, Justice Sinmisola Adeniyi held that in a written or documented contract of service, the Court should not and will not look outside the terms stipulated or agreed therein in deciding the rights and obligations of the parties.
Justice Adeniyi held that having accepted one month’s salary in lieu of notice, Mr. Garba has put to rest any contract real or imagined which he has or thought that he had with the bank.
The Court held that the contract between the parties was validly and mutually determined in accordance with the terms and conditions prescribed in the contract of employment, and Mr. Garba has not proved by credible evidence the claim for the refund of the sum of N416,390 allegedly deducted from his account.
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