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Hon. Justice Sinmisola Adeniyi of the National Industrial Court, Abuja, has upheld the termination of employment of a former Deputy Manager of First Bank of Nigeria Ltd, Mr. Bitrus Garba, by the financial institution.
The court declared the allegation of wrongful termination of employment filed by Garba against First Bank of Nigeria Ltd as “unmeritorious.”
The judgment was disclosed in a statement on the official website of the court on Tuesday, April 30, 2024.
Facts of the case
According to the court, Garba had contended that his dismissal contravened international best practices, noting that it was no longer binding on him to pay back any loan he secured while with the financial institution.
The court stated,
“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.”
The claimant also contended that the loan he obtained from the bank should have been liquidated by the bank’s Insurers but his account with the bank was wrongfully debited.
“Mr. Garba also contended that he is entitled to be issued with a 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,” the court stated.
First Bank objects
In opposition, the legal team of the First Bank was quoted as saying that the disengagement of the claimant was based on the terms and conditions of his employment.
“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,” the court statement read in part.
What the judge said
Delivering judgment, 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.
The court also 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.”
Subsequently, the court ordered Mr. Garba to pay First Bank of Nigeria Ltd N3,445,833.22 being the outstanding balance of loans collected while in service.
