•Voids termination of appointment
The sack of the Agbor, Delta State Branch Manager of the United Bank for Africa (UBA) Plc, Mrs Ebere Okoroafor Okeakpu, has been declared as illegal and unconstitutional.
The declaration emanated from the National Industrial Court of Nigeria (NICN), Awka, Anambra State, presided over by Justice (Dr) John I. Targema while delivering judgment in the suit filed by Okeakpu against her former employer, UBA Plc.
The judge, who declared the termination of Okeakpu's employment by the UBA as null and void, reprimanded the financial institution for the unlawful act.
Justice Targema specifically insisted that the termination of the appointment of the employment of the claimant as Branch Operations Manager of SOL 0066 (Agbor Branch) of the defendant vide the letter dated January 7, 2019, is wrongful as the termination was made contrary to Section 15.4.7 of HR Disciplinary Process and Sanction Policy that stipulated resignation.
Consequently, the judge directed the UBA to pay the claimant within 30 days of the judgment the sum of ₦1, 572, 501, being her terminal entitlement of an annual basic salary, having attained ten (10) years of service before the termination (resignation).
Justice Targema further declared that "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 (ACM) 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 judgment”.
It would be recalled that Okeakpu had through her counsel, Dr A. A. Orunkoya, dragged the bank before the court in the legal action designated NICN/AWK/18/2020.
Okeakpu had sought the following 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 judgment in this suit".
In the alternative, the claimant prayed the court for "An order for the payment of all salaries, benefits, perquisites of office from 7th January 2019 till the 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 judgment is delivered.
“Payment of 13th-month allowance of ₦131, 041, 83, for 13th month recognised by the defendant at the end of every year commencing from 2019 till the determination of this case".
While the trial lasted on the matter, Okeakpu informed the NICN 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, Mr Ichipih Bestman was not balancing with about ₦90, 000 and that she then directed that re-check of the said Teller’s posting should be done
Okeakpu had also revealed that Mr Bestman had earlier in the day informed her he would need about ₦100, 000 from her to solve his private problems which she promised to make available to him.
Okeakpu stated that she however obliged Mr Bestman ₦90, 000 and that the next day being October 4, 2018, the said Teller, Bestman, approached her and explained that the shortfall was not discovered and pleaded for time till Friday, October 5, 2018, to further trace the shortfall, and that when she requested the Teller to report to the cash officer via mail about the shortfall, he pleaded for time to do so, adding that she also requested Mr Bestman to repay the ₦90, 000 she had given him for assistance but he (Teller) pleaded for little time to do so.
The claimant also intimated to the court that she did not want to put the Teller under pressure so that he does not go pilfering the bank’s money, with an addition that on October 9, 2018, a customer by the name of Eze Blessing threatened to transfer all the money in her account and close the same because the bank had fraudster working in it as cashiers.
While positing that on further enquiry from the customer as to why she suspected Mr Bestman (Teller), Okeakpu maintained before the judge that the 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 in the morning of October 9, 2018, to remind her of his request.
The former Branch Manager revealed 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 took the shortfall to pay some debts; and that she was surprised at this revelation taking into consideration that she was deceived in believing that the shortfall must have been due to wrong entry and not an act of fraud by the Teller (Bestman) or anybody whatsoever.
The claimant equally told the court that premised on the disappointment, she asked the Teller to refund to her the money she had advanced him from her purse since it was taken from her under false pretence.
Adding that she transferred the ₦88, 470 to the Bank Account of the UBA on October 10, 2018, the claimant contended that the said sum of ₦88, 470 is hers and not for the UBA.
Okeakpu equally contented that she does not deserve the termination of her employment by the defendant, insisting that she is entitled to interest on the said sum of ₦88, 470 at the rate of 25% being the lending interest rate of the defendant from October 10, 2018, when she was compelled, forced and unduly influenced to pay in the money into the defendant’s account, till the said sum is liquidated.
In its defence before the judge, UBA averred that on October 3, 2018, a Teller, Mr Bestman 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 treatment of difference.
The bank also alleged that the claimant failed to issue a query to Mr Bestman and that contrary to best banking practice and in contravention of the HR Disciplinary Process and Sanctions Policy of the bank, the claimant advanced a loan of ₦90, 000 from her funds to the Teller, Mr Bestman to enable him to reconcile the cash shortage and concealed this cash shortage from the defendant.
UBA had also stated that on October 5, 2018, another Teller, Ejiro Orugbo also 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 authorised the Teller to post the said sum to the ATM till, and that the claimant also failed to escalate this development to the Area Operations Manager or the President Control Officer.
While defending the suit, the financial institution through its Resident Control Officer, Makinde Emmanuel, stated that the anomalies led the bank to set up a Regional Disciplinary Committee (RDC) to investigate the cash shortages and that the RDC in the course of their investigation held meetings via video conferencing on October 30, 2018, and November 13, 2018, insisting that the claimant alongside the staff under her supervision with the cash shortages and the cash officer appeared before the Committee and were given ample opportunity to explain their involvement and action concerning the cash shortages.
Therefore, the UBA urged the court through its lawyer, Tochukwu Odo, to dismiss the claimant’s suit for lacking in merit.
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