CORAM

---

HON. JUSITICE UCHECHUKWU ONYEMENAM – JUSTICE, COURT OF APPEAL

HON. JUSTICE MUSLIM SULE HASSAN – JUSTICE COURT OF APPEAL

HON. JUSTICE O.E. ABANG – JUSTICE COURT OF APPEAL

HON. JUSITICE UCHECHUKWU ONYEMENAM, Justice Court of Appeal

HON. JUSTICE MUSLIM SULE HASSAN, Justice Court of Appeal

HON. JUSTICE O.E. ABANG, Justice Court of Appeal

---

PARTIES

---

UTIEYIN OBIORU

APPELLANTS 

---

ACCESS BANK PLC

RESPONDENTS 

---

AREA(S) OF LAW

---

• Employment Law

• Contract Law

• Damages (General and Special)

• Banking Law

• Evidence

 

---

SUMMARY OF FACTS

The appellant, Utieyin Obioru, was employed by Diamond Bank in 2003 and rose through the ranks to become the Business Manager of the Lebanon Street branch, Ibadan, in 2007. As part of his role, he allowed certain corporate accounts to draw beyond their credit limit, as was the bank’s practice. In 2009, the appellant was suspended on allegations of fraud involving over N4 billion. He was subjected to investigations by the EFCC and subsequently resigned. Later, his appointment was purportedly terminated by the respondent (now Access Bank). He claimed this led to the loss of job offers and contracts with Access Bank, GT Bank, and Global Tracking International Network.

At the trial court (National Industrial Court, Ibadan), the court granted two of his claims and awarded him damages of N9,676,000, but denied the other reliefs. Dissatisfied with the quantum of damages, the appellant appealed.

 

---

HELD

---

The Court of Appeal dismissed the appeal, upholding the trial court’s award of N9,676,000 in general damages and rejecting the claims for special damages. The court found that the appellant did not provide sufficient evidence to prove the alleged loss of employment and contracts with Access Bank, GT Bank, and Global Tracking International Network.

 

---

ISSUES

---

1. Whether the trial court erred in not awarding special damages for the appellant’s claims regarding lost job opportunities with Access Bank, GT Bank, and Global Tracking International Network?

2. Whether the trial court’s award of N9,676,000 as general damages was insufficient?

 

---

RATIONES DECIDENDI

---

AWARD OF GENERAL DAMAGES – COURT’S DISCRETION IN ASSESSING GENERAL DAMAGES

---

“The award of general damages is at the discretion of the trial court, which must consider the nature of the breach and the extent of harm suffered by the claimant. In this case, the trial court acted within its discretion by awarding the appellant N9,676,000, representing two years’ salary, as compensation for the wrongful dismissal.”– Per M.S. Hassan JCA

 

---

SPECIAL DAMAGES – BURDEN OF PROOF REQUIRED TO CLAIM SPECIAL DAMAGES

---

“Special damages must be specifically pleaded and proven. The appellant failed to provide sufficient evidence that his dismissal by the respondent directly led to the loss of his job offers and contracts with other companies.”– Per M.S. Hassan JCA

 

---

EMPLOYER’S OBLIGATION TO REPORT FRAUDULENT ACTIVITIES TO AUTHORITIES

---

“In accordance with the regulations set by the Central Bank of Nigeria, banks are required to report any staff involved in fraudulent activities. The respondent’s reporting of the appellant’s alleged fraud to the CBN was in compliance with these regulations and did not constitute malicious behavior.”– Per M.S. Hassan JCA

 

---

DOCUMENTARY EVIDENCE – IMPORTANCE OF PROPERLY FRONTLOADING DOCUMENTS

---

“The appellant attempted to rely on documents that were not properly frontloaded. The rules of court require that all documentary evidence be disclosed before trial, and failure to comply with this requirement can lead to the exclusion of the documents from consideration.”– Per M.S. Hassan JCA

 

---

BREACH OF CONTRACT – LIABILITY FOR TERMINATION OF EMPLOYMENT

---

“The appellant’s claim that the respondent caused the termination of his contract with Global Tracking International Network was not supported by evidence. The termination letter from Global Tracking International Network made no reference to the respondent’s actions, and the appellant failed to establish a direct link between the two.”– Per M.S. Hassan JCA

 

---

RESIGNATION VS DISMISSAL – EFFECT OF VOLUNTARY RESIGNATION ON CLAIMS FOR DAMAGES

---

“The appellant voluntarily resigned from Access Bank. As such, he cannot claim damages for wrongful dismissal from a position that he left voluntarily. His resignation precluded any further claims for loss of salary from the bank.”– Per M.S. Hassan JCA

 

---

ORAL TESTIMONY – WHEN ORAL TESTIMONY IS INSUFFICIENT TO SUPPORT CLAIMS FOR SPECIAL DAMAGES

---

“Oral testimony alone, without documentary corroboration, is insufficient to prove claims for special damages. The appellant’s failure to provide supporting evidence for his alleged lost job opportunities and contracts weakened his case.”– Per M.S. Hassan JCA

 

---

QUANTUM OF DAMAGES – FACTORS CONSIDERED IN ASSESSING GENERAL DAMAGES

---

“The quantum of damages is determined by the court based on the harm suffered and the evidence provided. The appellant did not present sufficient evidence to justify an award higher than the N9,676,000 granted by the trial court.”– Per M.S. Hassan JCA

 

---

BANKS’ COMPLIANCE WITH CBN REGULATIONS – NO LIABILITY FOR REPORTING STAFF INVOLVED IN FRAUD

---

“The respondent’s reporting of the appellant’s involvement in fraudulent activities to the CBN was in line with regulatory obligations and did not constitute an unlawful act. This action did not make the respondent liable for the appellant’s subsequent loss of job offers.”– Per M.S. Hassan JCA

 

---

OBLIGATION TO MITIGATE DAMAGES – DUTY OF CLAIMANTS TO TAKE REASONABLE STEPS TO MITIGATE LOSSES

---

“The appellant failed to demonstrate that he took reasonable steps to mitigate his losses following his resignation from Access Bank and the alleged termination of his contract with Global Tracking International Network.”– Per M.S. Hassan JCA

 

---

DOCUMENTARY EVIDENCE – NECESSITY OF PRESENTING DOCUMENTARY EVIDENCE IN CLAIMS FOR SPECIAL DAMAGES

---

“Special damages require the presentation of documentary evidence to substantiate the claims. The appellant’s reliance on oral evidence alone, without supporting documents, was insufficient to meet the legal standard for awarding special damages.”– Per M.S. Hassan JCA

 

---

APPEALS – STANDARD OF REVIEW FOR AWARDS OF GENERAL DAMAGES

---

“In reviewing awards of general damages, appellate courts will only intervene where there has been a clear miscarriage of justice or if the award is manifestly inadequate or excessive. In this case, the trial court’s award of N9,676,000 was deemed appropriate, and there was no basis for appellate interference.”– Per M.S. Hassan JCA

 

---

WRONGFUL DISMISSAL – BURDEN OF PROVING WRONGFUL DISMISSAL

---

“The appellant bore the burden of proving that his dismissal was wrongful. Given that he had already resigned, the appellant failed to establish any wrongful act on the part of the respondent that would justify his claims for wrongful dismissal.”– Per M.S. Hassan JCA

 

---

CASES CITED

---

---

STATUTES REFERRED TO

---

1. Central Bank of Nigeria Act, 2007

2. Banking and Other Financial Institutions Act, 2020

3. Evidence Act, 2011

CLICK HERE TO READ FULL JUDGEMENT