Sacked CBN Staff drags Apex Bank to Court, demands Multibillion naira damages

From Justine Davis, Jos

The Central Bank of Nigeria appears to face a serious legal battle as aggrieved sacked staff of the financial Institution has approached the National Industrial Court of Nigeria, Abuja Judicial Division to challenge their unjust termination of service from the Apex Bank, without any offenses committed in the course of their service years.

Over 100 of the victim through a legal representation led by Ola Olanipekun SAN the Team Counsel had on Thursday, 22 August,2024 approached the National Industrial Court to seek for redress with various claimants, making nothing less than 300 million naira demands, amounting to billions of nairas as damages from the Defendant.

Recalled in 2023 and 2024, the Apex Bank embarked on mass sacking of its senior officers, Directors, Deputy Directors, Assistants among others under the re-organization policy of the CBN Governor, Olayemi Michael Cardorso.

Part of the relief sought by the claimants Counsel, Mr. Olanipekun SAN, is for the reinstatement of the claimants and general damages caused by the Defendant within the period they were forcefully disengaged from service.

The counsel submission is that the termination of the claimants appointments contravene the provision section 14 of the Central Bank of Nigeria Act 2007 and Articles 6,4,3(a) of Human Resource Policies and Procedure Manual (HRPPM).

He further stated that, “we urged your Lordship to be guided by the decision of Supreme Court in the case of Marine Management Associates Inc.& ANOR vs National Marine Authority (2012) LPELR-20618(SC) where the Apex Court held this;

“The case is indeed well settled that in a case of breach of contract, which is what the present case is, the assessment of the damages is calculated on the basis that the loss was either in the contemplation of the contract or is an unavoidable consequence of the breach.

“The fact that the damages as in the present case are difficult to assess does not disentitle a claimant to compensation for loss sustained from Defendant’s conduct of breach of contract. Also the fact that the amount of such loss cannot be precisely ascertained, does not deprive a claimant of all remedy as stated by this Court in Nzeribe vs Dave Engineering Co.Ltd (1994) 8NWLR (P361) 124 at 147.” He referred

Olanipekun in a Court document made available to some Journalists stressed that for instance one of his clients amongst many who still have 9 years in service was forcefully terminated without any serious reasons and without any due process by the defendant.

He prayed the court for “An order of this Honourable Court that the Defendant shall pay forthwith all monthly salaries and allowances that the Claimant would have earned in the course of his service/employment, being the sum of (N178,386,127.00) or such other sums in that regard, from the effective date of unlawful termination of his appointment up and until his due date of lawful retirement on 4th August, 2033.

“A declaration of this Honorable Court that the Claimant’s employment with the Defendant, evinced by letter Ref:PERS/CDEV/AP68/02/43 cannot be arbitrarily terminated and without recourse to the terms of the employment/appointment, the Defendant’s Human Resource Policies and Procedure Manual and/or observance of due process of law.

“An order of this Honorable Court setting aside the purported termination of the Claimant’s employment vide letter titled ‘Re-organization’ dated 24th May, 2024, for being arbitrary, unlawful, null and void.

“An order of this Honorable Court that the Defendant shall reinstate the claimant to the position of assistant Director or other higher position, all monthly salaries, allowances and other emoluments/entitlements which he would have earned if his employment had not been unlawfully terminated, being amount of N1,621, 455.70 calculated monthly and evidenced by his salary payment; and/or such other monies in that regards as this current or subsequent promotion/grades would be entitled up and until the date of the judgment.” He stated.

Recalled that the Apex Bank sometimes in May 2024 sacked over 200 staff drawn across various states of the federation without any satisfactory reasons as most of the letters only carries “Re-Organization” indicating that their services were no longer needed following the re-organization of the Apex Bank under President Bola Ahmed Tinubu administration.