Mr. Joseph Abang Bisong v Union Bank Of Nigeria Plc.
Judge | Hon. Justice B. B. Kanyip, Phd |
Judgment Date | 09 July 2019 |
Respondent | Union Bank Of Nigeria Plc. |
Appellant | Mr. Joseph Abang Bisong |
Docket Number | NICN/LA/318/2014 |
Court | National Industrial Court (Nigeria) |
1. The claimant filed this action on 16th July 2014 vide a complaint, statement of claim, list of witnesses, statement on oath, list of documents and copies of the documents. The defendant responded by filing its statement of defence and counterclaim, list of witness(es), witness statement on oath, list of documents and copies of the documents. The claimant reacted by filing his reply/defence to the statement of defence and counterclaim, further witness statement on oath, further list of documents and copies of the further documents. By a court order granted on 29th November 2016, the claimant was allowed to amend his originating processes.
2. By the amended originating processes, the claimant prays for the following reliefs:
(1) The sum of Eight Hundred and Fifty Million Naira only being special and general damages suffered by the claimant and consequent upon:
(a) The defendant’s wrongful, unwarranted & unconstitutional discrimination against the claimant in the defendant’s practical application of the Collective Agreement and the terms & conditions of service otherwise applicable between the parties and as per the defendant’s letters to the applicant dated 19/8/2011 & 23/7/2012 as well as the defendant’s circular sent 23/7/2012 to all UBN Plc staff (due regards being had to the defendant’s treatment of the joint disciplinary case of one Mr Victor A. Bajomo, UBN Plc staff No. 1512227 and the claimant).
(b) The defendant’s attendant wrongful & unconstitutional infringement of the claimant’s inalienable right to acquire & own the moveable property of, and inherent in, his terminal benefits/severance package.
(c) The defendant’s attendant wrongful and unconstitutional violation of the claimant’s right to the dignity of his human person; and unwarranted & wrongful exposure of the claimant (& members of his family) to excruciating economic & social hardships, public ridicule/prejudice, loss of social welfare/wellbeing, inhuman tortures, degrading treatments and woeful loss of dignity of his human person in society.
(d) The defendant’s attendant wrongful & unconstitutional violation of the claimant's Fundamental Right to Fair Hearing.
(e) The defendant’s attendant wrongful & unconstitutional violation of the claimant’s Fundamental Right to freedom of expression & freedom of personal industrial expression.
Particulars of Special & General Damages
(i) Severance Package/Terminal Benefits = N7,624,800.00
(ii) Legacy Fund (through pensions Fund) = N3,200,000.00
(iii) Litigation fees = N2,500,000.00
(iv) Emotional trauma, mental agony, public prejudice/ridicule, loss of social wellbeing/welfare, nuisance, frustrations, loss of industrial reputation
(v) Loss of Fair Hearing
(vi) Loss of the Dignity of my human person
(vii) Discrimination
(viii) Inhuman tortures & degrading treatment
(ix) Loss of moveable property
(2) An order of perpetual & mandatory Injunction compelling the defendant forthwith and unconditionally to tender a full and unreserved written apology to the claimant for the said discrimination and consequential inhuman tortures, public prejudices, degrading treatments meted to the claimant as well as the claimant’s loss of the dignity of his human person in society attendant thereupon (the said written apology shall also be publicized and circulated in the defendant’s internet websites).
(3) The sum of Two Million, Five Hundred Thousand Naira only which is the litigation costs incurred and contracted by the claimant and pertaining to the professional legal services fee of the claimant hereof.
(4) A declaration that the defendant’s dismissal of the claimant (in response to the claimant’s written appeal for review/reduction of disciplinary sanction of FINAL WARNING) is discriminatory and wrongful and in relation to the defendant’s FINAL WARNING disciplinary sanctions which was handed down to one MR. BAJOMO VICTOR ADEKUNLE (UBN PLC Staff No. 15122278, who had also appealed ‘for review/reduction of disciplinary sanction from WARNING) And for the same industrial mistake and pertaining to the same industrial negligence on duty said to have been jointly committed by them both in the same office and in the property department of the defendant, due regards being had to the parties’ industrial collective agreement and the terms & conditions of service applicable and their respective records of service.
(5) A declaration that the defendant’s administrative judgment, condemnation and punishment of the claimant for the alleged offence of fraud and criminal breach of trust at the point in time when the claimant had not been either duly investigated prosecuted and/or judicially tried and convicted of the alleged offence and just simply because the claimant had administratively appealed to the respondent for a review of the previously imposed disciplinary sanction of FINAL WARNING, is a wrongful violation of the claimant’s Fundamental Rights to freedom of personal expression and industrial self expression thereof.
(6) A declaration that the offence of FRAUD and fraudulent breach of trust alleged by the defendant against the claimant is a CRIMINAL ONE and for which the defendant has no constitutional competence to have pronounced the claimant guilty (without any due judicial trial) and, thereupon, to have invoked consequential disciplinary sanction of dismissal from employment on the applicant (as the defendant did); And, the further declaration, that the foregoing conduct by the defendant is a wrongful violation of the claimant’s Fundamental Right to FAIR HEARING thereto-pertaining and the dignity of his Human person & right to personal integrity in society.
(7) A declaration that at all times material to the defendant’s discriminatory “DISMISSAL” of the claimant from its employment, the claimant is entitled to the right to resign voluntarily along with full terminal benefits on the one hand or that the claimant is entitled to industrial termination/layoff and with severance packages/terminal benefits as a duly terminated staff (due regards being had to the obvious fact that the claimant’s services were no longer required by the respondent).
(8) A declaration that the defendant’s dismissal of the claimant from its employment (when and as it did) is a disguised and an unconstitutional deprivation of the claimant his right to voluntary resignation or retirement with full terminal benefits and/or his entitlement to industrial termination with severance package and terminal benefits otherwise contractually mandatorily due to the claimant under the parties’ collective agreement and terms and conditions of service applicable.
(9) A declaration that the defendant’s discriminatory dismissal of the claimant from its employment in the foregoing circumstances is an unconstitutional and a disguised deprivation of the claimant his right to the moveable property of his terminal benefits and severance package under the wrongful smokescreen of dismissal without terminal benefits/severance package.
(10) A declaration that consequent upon the defendant’s aforesaid discriminatory dismissal of the claimant from its employment, the claimant (and members of his family) have also been wrongfully held out to public prejudice, social insecurity, economic hardships, inhuman tortures and degrading treatments and loss of respect and the dignity of his person in society.
(11) A declaration that at all times material to this suit, Mrs. Olufunke Iyabo Osibodu was, and acted as, A STATUTORY APPOINTEE of (and by) the Central Bank of Nigeria (CBN) and the Nigeria Deposit Insurance Corporation (NDIC) and pursuant to the respective enabling statutory powers thereto-pertaining; and that the defendant is legally bound and liable to the claimant accordingly.
(12) A declaration that, further to the foregoing declarations, at all times material to this suit, the aforesaid Mrs. Olufunke Iyabo Osibodu and the rest of the statutory Appointee Directors/Board members of the defendant acted ultra vires their aforesaid enabling statutory powers and they also acted unconstitutionally and, respectively, to the wrongful prejudice of the claimant (when she/they acted against the claimant as per all the foregoing declarations and pleadings herein).
(13) An order of the Hon. Court setting aside as unconstitutional, invalid, incompetent and null and void the discriminatory and arbitrary dismissal of the claimant; and as a wrongful violation of the claimant’s constitutionally guaranteed right to the dignity of the claimant’s person and right to fair hearing and freedom from discrimination, and degrading treatment and inhuman tortures and also as an ultra vires exercise of the statutory powers conferred on the management of the defendant by the Central Bank of Nigeria/Nigeria Deposit Insurance Corporation thereto-pertaining and to the prejudice of the claimant’s aforesaid fundamental rights.
(14) An order of the Hon. Court mandating the defendant to forthwith and unconditionally issue to the claimant a written retraction of it’s aforesaid written discriminatory dismissal of the claimant from its employment (dated 23/07/2012); and to issue to the claimant, in lieu thereof, a letter of honourable layoff/termination of employment with full benefits and with effect from the date of its issue which shall be forthwith after the delivery of the judgment herein by the Hon. Court.
Or, in the Alternative
(15) An order of the Hon. Court mandating the defendant to allow the claimant to voluntarily retire from its service, and with his full terminal benefits & severance package thereto-pertaining duly paid to the claimant forthwith (and as Mr. Victor Adekunle Bajomo, UBN Staff No. 15122278 was allowed by the defendant to do and was paid).
Particulars of General & Special Damages
N/B: As per the claimant’s statement of claim and the claimant’s witness statement on oath and documents to be relied upon therein.
2. The...
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