First Bank: Court Orders Reinstatement of Sacked Manager

Justice Owolabi Dabiri of the Lagos High Court has ruled that the termination of the employment of Mrs. Funmi Oyetunji ,  a Senior Manager , by First Bank of Nigeria Plc,  was wrong and of no legal effect.

Delivering judgment in the protracted case between the bank and its former Treasurer, Oyetunji, Justice Dabiri held that the bank’s two letters dated 14th June, 2002 that were delivered to the claimant on the 19th June 2002, where it declined the claimant’s resignation and terminated her appointment was of no legal effects whatsoever.

The judge ordered the bank to amend and correct all its personnel and other records relating to, connected with or pertaining to the termination and send a letter to the claimant confirming that its records have been corrected.

She therefore made a perpetual injunction restraining the bank, its directors and managers from taking any step to terminate or in any manner severe the contract of employment with Oyetunji or terminating the contract.
The judged also ordered the bank to account for all the monies accruable to her arising from the contract of employment between them upon the confirmation by the claimant of the account, to pay her any outstanding balance.

The issue that culminated in  the legal action came when, in accordance with the instruction of the bank’s former Managing Director (MD), Mr. Bernard Longe, she advised the operations directorate of the MDs instruction to remit the sum of US$131, 700, 000 to the account of Bureau of Public Enterprises on behalf of International Investor (London) Limited (IIL) in connection with the NITEL privatisation.

The bank knew she was not in charge of credit analysis and did not initiate IIL and NITEL transaction, rather the transaction passed her office in the course of her duty, which is limited to managing the bank’s liquidity.

However, the disbursement requested, which she issued in her capacity as the bank’s Treasurer was instructed and approved by the bank’s MD and processed by the FBN’s Foreign Operations Directorate, whereas the funds were disbursed by the London branch of the bank, and neither of them was under her control.

Following her being queried and other ‘undeserved treatment’ that caused her emotional stress, she chose to resign her appointment on 14th June 2002, but the bank refused to accept her resignation, and instead issued her with a termination letter on the 19th June 2002.
Sequel to this development,  Oyetunji requested that the bank correct its records and made a demand on 21st June 2002 through her solicitor, Messrs. Udo Udoma & Belo-Osagie, seeking rectification because she had resigned before the bank’s termination letter came, but FBN declined.

Considering the purported termination of her appointment as a malicious act against her career and her person, she instituted a legal action against FBN in a Suit No. LD/1437/2002 Mrs Funmi Oyetunji vs First Bank of Nigeria Plc
Reacting to the judgment, Mrs Oyetunji expressed mixed feelings, adding that it was sad that such a matter, which could be determined in few months dragged for nine years.

“Nigerian judiciary system has to improve for the common man to have access to justice. The case was moved through a number of judges over the nine years. The important thing is that FBN sets its records straight that I voluntarily resigned my appointment with the Defendant,” she stated.

Source : Thisday