IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BEFORE HIS LORDSHIP HON. JUSTICE J. D. PETERS
DATE: SEPTEMBER 20, 2017
SUIT NO: NICN/LA/331/2013
BETWEEN
Tamuno N. George
Claimant –
AND
Heritage Bank Plc. –
(formerly African Continental Bank Limited,
Spring Bank Plc then Enterprise Bank Ltd )
Defendant
REPRESENTATION
Paul Okike for the Claimant.
M.I. Iwuewu for the Defendant.
JUDGMENT
- Introduction, Claims and Counter claims
This case has a long and chequered history. It was first commenced by a writ of summons on 31/11/90 at the High Court of Lagos State as Suit No: LD/2200/1990. The case was subsequently transferred to this Court on 25/2/13 by Hon. Justice S. O. Nwaka following the Constitution of the Federal Republic of Nigeria, 1999 (Third Alteration) Act, 2010. Following an order of this Court made on 18/7/13 directing the parties to file their pleadings in accordance with the Rules of this Court, the Claimant filed his General Form of Complaint dated 24/6/14 and sought the following reliefs –
- A declaration that the Claimant was wrongfully retired from the services of the Defendant Bank as Assistant General Manager.
- A declaration that the Claimant was prematurely and wrongfully relieved of his post as Executive Director of the Defendant Bank having served only two of the 5 years contractual term agreed upon by the parties.
- A declaration that the withdrawal of the Claimant’s terminal benefits including non-payment of his pre-retirement and accumulated leave entitlement as Assistant General Manager by the Defendant is unlawful.
- A declaration that the forceful seizure of the Claimant’s official cars Peugeot 505 Saloon Car No. LA 7594 ML and 504 LA 8968 MJ and trespass on the 17th of October 1990 by the Defendants is unlawful.
- A declaration that the Claimant’s entitlements as Assistant General Manager and Executive Director respectively should be computed and paid immediately, taking into consideration the prevailing Bank’s regulations and terms of service including period of notices of leave and also accumulated leave periods.
- The sum of =N=35,654,80 due to the Plaintiff as outstanding leave periods/Allowance and gratuity before his appointment as Executive Director in May 1988 and the gratuity before his premature retirement as AGM in May 1990 calculated as follows:
– 216 working days deferred leave up to
October 1987 commuted to cash on your
Annual Salary of =N=25,932.00. – =N=23,338.00
– 18 working days leave for the period
November 1987 to April 1988 commuted
to cash on your annual salary of
=N=25,932.00 (on pro rata). – =N=1,944.00
– 40% of your annual salary of =N=25,932.00
as Gratuity for 7 years 7 months service. – =N=10,372.80
N35,654.80
- The sum of =N=3,079,439 as special damages due to the Plaintiff for being retired before retirement age as an Assistant General Manager prematurely retired calculated as follows:
Schedule of Entitlements as AGM on Premature Retirement
1993-1998 1998-2003 TOTAL
(5 years) (5 years) (10 years)
Salary p.a. =N=40,000 + 10% p.a. 244,000 396,500 640,600
House: rent =N=80,000 + 10% after 5 years 400,000 440,000 840,000
Housing repairs & Maintenance
N5,000 p.a. + 10% after 5 years 25,000 27,500 52,500
Renovation at end of tenancy – – 50,000
Electricity =N=12,000 + 20% after 5 years 60,000 72,000 132,000
Telephone =N=7,000 + 20% after 5 years 35,000 42,000 77,000
Drivers services (1 x 6000 inc. Sal &
O/T + 20% after 5 years 30,000 36,000 66,000
Veh. running expenses (fuel & rep.
(1 x 8000 + 20% after 5 years) 40,000 48,000 88,000
Domestic help (3,600 p.a.) 18,000 18,000 36,000
Guards (=N=3,600 p.a.) 18,000 18,000 36,000
Annual leave & Travelling days 170 w/dys 170 w/dys
Annual leave & Travel Days
converted to cash 34,581 56,170 90,751
Annual leave allce. (71/2 % of Sal.) 18,308 29,737 48,045
Lunch subsidy at =N=20 per day + 20%
after 5 years &
