By Jude-Ken Ojinnaka
Justice John I. Targema of the National Industrial Court of Nigeria, (NICN) sitting at Awka, Anambra State capital, in a judgement delivered on the suit marked NICN/AWK/18/2020, declared as illegal and unconstitutional the sacking of Mrs Ebere Okoroafor Okeakpu, the Agbor branch manager of United Bank for Africa (UBA) Plc in Delta State and ordered the bank to pay her ₦1, 572, 501, being her terminal entitlement.
The bank’s former branch manager Mrs Ebere Okoroafor Okeakpu had, following her disengagement from her employer, filed legal action against the United Bank for Africa (UBA) Plc, claiming damages as well as the court’s declaration that her sack by the bank was illegal, unconstitutional and unlawful.
Delivering judgement on the suit, Justice Targema found merit in the claimant’s suit and consequently declared the termination of her employment by the United Bank for Africa as null and void.
The judge reprimanded UBA for unlawful termination of the claimant’s employment and held that the employment of the claimant as Branch Operations Manager of SOL 0066 (Agbor Branch) of the bank through a letter dated January 7, 2019, is wrongful as the termination was made contrary to Section 15.4.7 of Human Resources Disciplinary Process and Sanction Policy that stipulated Resignation.
Consequently, the court ordered UBA to pay the claimant the judgement sum of ₦1, 572, 501, within 30 days from the date of judgement, being her terminal entitlement of annual basic salary having attained ten (10) years of service before the termination/forced resignation.
The court pronounced: “It is hereby declared that the defendant in forcing, compelling and unduly directing and/or ordering the claimant to pay the sum of ₦88, 470 into the defendant’s account by the Area Control Manager of the defendant is unlawful and therefore void.
“It is hereby ordered that the defendant pay the claimant the sum of ₦88, 470 being the claimant’s money she was forcefully compelled, coerced and unduly influenced to pay into the defendant’s account by the Control Manager of the defendant within 30 days of this judgement.”
The Claimant had through his counsel Dr A. A. Orunkoya, dragged the Bank before the Industrial Court court and sought the followings reliefs:
“A declaration that the termination of the claimant’s employment by the defendant via letter dated 7th January, 2019 is vindictive and therefore wrongful, unlawful, null and of no effect whatsoever.
“An order setting aside the termination of the claimant’s employment by the defendant for being vindictive, wrongful and unlawful.
“An order directing the immediate reinstatement of the claimant to her position and office and payment of her salaries, benefits and other perquisites of office from 7th January, 2019 till judgement in this suit.
Alternatively, the Claimant asked the court for: “An order for the payment of all salaries, benefits, perquisites of office from 7th January, 2019 till determination of this suit namely; “Payment of ₦1, 572, 501.94, as her terminal entitlement of annual basic salary having attained ten (10) years of service before the termination.
“Payment of ₦429, 286.83, as her monthly basic salary inclusive of all allowances namely rent, transport, furniture, utility, entertainment, education, dressing, lunch, telephone, HSE maintenance, car maintenance, etc. from January 7, 2019 till judgement is delivered.
“Payment of 13th month allowance of ₦131, 041, 83, for 13th month recognized by the defendant at the end of every year commencing from 2019 till determination of this case.
During the trial, the claimant submitted that on October 3, 2018, while she was the Branch Operations Manager (BOM) of UBA Plc, Agbor branch, the cash officer called her attention that a teller, one Mr. Ichipih Bestman was not balancing with about ₦90, 000, adding that she then directed that a re-check of the said teller’s posting be done. She said that Mr Ichipih Bestman had earlier in the day informed her that he would need about ₦100, 000 from her to solve his private problems which she promised to make available to him.
She said that she however obliged Mr. Ichipih Bestman ₦90, 000, and that the next day being October 4, 2018, Mr Ichipih Bestman approached her and explained that the short fall was not discovered and pleaded for time till Friday, October 5, 2018 to further trace the short fall.
When she requested the teller to report to the cash officer via mail about the shortfall, he pleaded for time to do so; and that she also requested Mr Bestman to repay the ₦90, 000 she gave him for assistance but he pleaded for little time to do so.
The claimant also told the court that she did not want to subject the teller under pressure so that he does not go pilfering the bank’s money. She told the court that on October 9, 2018, a customer by name Eze Blessing threatened to transfer all the money in her account and close her account because the bank has fraudsters working in the Bank as cashiers.
On further enquiry from the customer on why she suspected Mr Ichipih Bestman, the said customer confirmed to her that the Teller sent her a text message requesting for ₦300, 000 loan from her to be paid back in two months with interest and further called her that morning of October 9, 2018 to remind her of his request.
Mrs Okeakpu stated that upon interrogating the teller about the shortfall of ₦90, 000 which made it impossible for him to balance his account on October 5, 2018, he confessed that he actually took the shortfall to pay some debts; and that she was surprised at this revelation taking into consideration that she was deceived into believing that the shortfall must have been due to wrong entry and not an act of fraud by the Teller or anybody whatsoever.
She further told the court that premised on the disappointment, she asked the teller to refund her the money she gave him from her personal purse since it was taken from her under false pretence.
She added that the refund by the teller in settlement of his debt created an impression on the Area Control Manager, Esther Awai who threatened and compelled her to refund the money paid to her by the teller if she does not want to lose her job. The claimant transferred the sum of ₦88, 470 to the Bank Account of the UBA on October 10, 2018.
The claimant contented that the said sum of ₦88, 470 belonged to her and not the UBA. She further contended that she does not deserve the termination of her employment by the defendant; arguing that she is entitled to interest on the said sum of ₦88, 470 at the rate of 25 per cent being the lending interest rate of the defendant from October 10, 2018 when she was compelled, forced and unduly influenced to pay the money into the defendant’s account.
She told the court that she is entitled to reliefs sought and asked the court to grant her reliefs as prayed.
But in its defence, UBA Plc averred that on October 3, 2018, a teller, Mr Bestman Ichipih and a cash officer under the supervision of the claimant reported a cash shortage of ₦90, 000 to the claimant; and that the claimant failed to report the cash shortage the same day to the Area Operation Manager and copy the Resident Control Officer as she is bound to do under the Bank’s Policy on cash management and particularly the policy on the treatment of difference.
The bank further averred that the claimant failed to issue a query to Mr. Ichipih, contrary to best banking practice and in contravention of the HR Disciplinary Process and Sanctions Policy of the Bank. Instead, the claimant advanced a loan of ₦90, 000 from her personal funds to the teller Mr Ichipih to enable him reconcile the cash shortage and concealed this cash shortage from the defendant.
The bank also stated that on October 5, 2018, another teller, Ejiro Orugbo under the supervision of the claimant, had a shortfall of ₦1, 000, 000, and that the claimant again in flagrant breach of the cash management policy of the Bank, authorized the teller to post the said sum to the ATM till. The claimant also failed to escalate this development to the Area Operations Manager or the President Control Officer.
In defending the suit, UBA Plc through its Resident Control Officer, one Makinde Emmanuel, stated that the anomalies led the bank to set up a Regional Disciplinary Committee (RDC) to investigate the cash shortages.
In the course of their investigation, the RDC held meetings via video conferencing on October 30, 2018 and November 13, 2018. The claimant alongside the staff under her supervision with the cash shortages and the cash officer appeared before the Committee and they were given ample opportunity to explain their involvement and action with respect to the cash shortages.
In conclusion, UBA Plc, through its counsel, Tochukwu Odo, urged the Court to dismiss the claimant’s suit for lacking in merit.