Chinekwu Nnenna Udokwu v Zenith Bank Plc

JudgeHon. Justice E.d. E Isele
Judgment Date01 January 1970
RespondentZenith Bank Plc
AppellantChinekwu Nnenna Udokwu
Docket NumberNICN/ABJ/340/2013
CourtNational Industrial Court (Nigeria)


The claimant commenced this action by way of complaint dated 16th December, 2013 in which she claimed the following:

(a) A DECLARATION that the purposed termination of the claimants appointment contained in the defendant’s letter dated 11th day of February 2013 and addressed to the claimant is unlawful, wrongful, ultravires, void and of no legal effect as it is against natural justice.

(b) AN ORDER setting aside the said purported termination of the claimant’s appointment as contained in the defendants letter dated 11th day of February, 2013.

(c) AN ORDER directing the Defendant to pay forthwith to the claimant the sum Twenty-six Million, Six Hundred and Six Thousand, Eight Hundred Naira. (N26, 666,800) as entitlements for her salaries, emoluments, allowances remuneration, bonuses and other financial benefits due from the defendant to the claimant from 19th day of July, 2010 being the date of her indefinite suspension without pay up to the date of judgement.

(d) AN ORDER directing the defendant to pay forthwith to the claimant, the interest on the said total entitlement of the claimant at the rate of 21% per annum from the 19th day of July 2010 until payment.

The complaint was accompanied by a statement of Facts in support of the complaint witness statement on oath and all other documents to be relied upon at the trial, all dated 16th December 2013.

The defendants on their part entered a conditional appearance and filed their statement of defence and counter claim dated 21st February 2014. Issues where joined and hearing commenced.

At the hearing the claimant testified as CW 1, the sole witness for the claim, she adopted her two witness statements on oath of the 28th march 2014 and that of 20th June 2014. These statements flowed from the amended complaint dated 27th March 2014 which was endorsed with the following claims.

(a) A Declaration that the purported indefinite suspension of the claimant from the (19th Day of July 2010 without pay up to the termination of the claimants appointment contained in the defendant’s letter dated 11th day of February 2013 is unlawful, wrongful, ultravires, void and of no legal effect in that it violates the rules of natural justice.

(b) An Order directing the Defendant to pay forthwith to the Claimant a total sum of Sixteen Million, Five Hundred and Seventeen Thousand, Forty Five Naira (N16,517,045.03) being the Claimant’s salaries, emoluments, allowances, remunerations, bonuses and other financial benefits due from the Defendant to the Claimant from 19th day of July 2010 being the date of her indefinite suspension without pay up to the date of judgment.

(c) The sum of Fifty Million Naira (N50,000,000.00) only as general damages.

(d) An Order directing the Defendant to pay forthwith to the Claimant, interest on the said total emoluments of the Claimant at the rate of 21% per annum from the 19th day of July 2010 until payment.

(e) The sum of One Million Naira (N1,000,000.00) being cost of the suit.

To these, the Defendant also effected consequential amendments to their own filed processes in response. From the course of the hearing.

The case of the Claimant is that she was employed by the Defendant on 21st May 2002 as an Executive Assistant. evidenced in Exhibit A & A1. That she rose to the rank of an Assistant manager in the service of the Defendant working at its Garki branch Abuja. She maintains that she served the Claimant diligently for a period of 8 years until April 2010 when the Defendant accused her of being involved and benefiting from fraud in the Defendant company to the tune of Seven Billion Naira (7,000,000,000) which the Defendant suspended her indefinitely without pay on the 16th of July 2010 vide exhibit G, the said memo/letter of the same date headed: Indefinite Suspension.

She maintains that the Defendant later referred the matter of the involvement of the Claimant to the Nigeria Police for investigation and possible prosecution. That the police through exhibit E1 exonerated her. Exhibit E1 is dated 8th July 2013.

The Claimant also maintains that the Defendant referred her to its disciplinary committee before which she appeared on the 12th June 2010, which committee recommendations report was not made known to her. That as she was on her annual leave she received a communication from the Defendant on 28th August, 2010 placing her on indefinite suspension without pay, pending the conclusion of investigations on the alleged co-ordinated fraud on Aso-saving and Loans account with the Defendant through a suspension letter dated 19th July, 2010.

That the Defendant kept her in its employment until 11th February 2013 when she received a letter terminating her employment exhibit C1.

It is the case of Defendant that the Claimant was until the 19th of July 2010 a staff of the Defendant. That the relationship of the Claimant and dependent was a simple employer/employee relationship wherein either party reserved the right to resile from the relationship giving one month notice or a month salary in lieu of notice; that the Defendants case that the relationship was governed by the terms contained in the appointment letter exhibits A & A1.

The Defendant maintained that at no time did it accuse the Claimant of fraud. The Defendant maintain that the Claimant was a staff in the Defendant’s office at Garki, Abuja where a monumental fraud was discovered and consequently the Claimant was accordingly investigated alongside other staff, that the termination of her appointment had nothing to do with the fraud committed at the Garki branch of the Defendant.

The Defendant maintains that its case is that the suspension and termination of the Claimant’s appointment was well within the rights of the agreement between the parties.

The Defendant tendered the following through DW1 as exhibits:

a. Letter of termination of appointment dated June 13th, 2013 marked as Exhibit DA2 & DA3
b. A DHL delivery note dated 11th June, 2013 and marked as exhibit DA. Exhibit DA1 is DHL Tracking document bearing the date 12th June 2013
c. A Statement of account of the Claimant with the Defendant bank for the period 1st January 2007 to 31st December 2008 marked as exhibit DB to DB20.
d. Exhibits DC and DC1 were Zenith bank pay slips for the months of May and June 2010 respectively.
e. Exhibit DD is a certificate pursuant to S. 84 of the Evidence Act, 2011.

The Defendant in its counter claim to which the Claimant filed a reply and a statement of Defence, averred that whilst the Claimant/Defendant to-counter claim was in the Defendant’s employment she was indebted to the counter claimant as follows:

Nature of indebtedness

a. Prepaid Housing Balance...

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