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Lagos –The Presiding Judge, His Lordship, Hon. Justice B. B. kanyip of the National Industrial Court of Nigeria, Lagos Judicial Division on Tuesday 30th October 2018 in a judgment declared null and void the recommendation of the management of the Access Bank Plc (defendant) on October 23, 2014 indicting Mrs. Omolola Ogungbuaro (claimant) of negligence. The Court ordered defendant to pay the sum of N1,647,307.92) being the total sum of money illegally deducted from the claimant’s various accounts within 30 days.
The claimant commenced this action by a complaint and a statement of facts dated 26th day of June 2014 and sought against the defendants among others; A declaration that the various sums of money deducted by the defendant from the accounts of the claimant are illegal, unconstitutional, null and void and same be reversed. A declaration that the sum of N1,647,307.92 being the total sum of money the defendant illegally deducted from the claimant’s various accounts be refunded to the claimant by the defendant with an interest at the rate of Nigerian treasury bill of 12% on the N1,647,307.92 from February 28, 2014 until judgment is delivered and thereafter until the judgment sum is fully liquidated. Likewise, An order directing/compelling the defendant to give the claimant an unbiased and satisfactory reference letter upon demand.
In summary, the claimant’s case is that on the 10th October 2013, while she was out marketing the defendant’s products to other customers, she received a request via an electronic mail from Plenco Industries Limited to transfer the sum of N2,500,00.00 to Zenith Bank Plc. That upon receipt of the customer’s request by electronic mail, she tried to contact the management of Plenco Industries Limited on phone to confirm if the transfer request is to be treated but was unsuccessful.
That she subsequently contacted the secretary of Awolowo Branch, Ikoyi, Lagos on phone to help her send indemnity forms to the firm pending the time she returns from the field after marketing.
That by the time she got back to the branch, the secretary had treated the transfer request by signing on it and taking same to operations unit head for onward transfer of funds to Zenith Bank Pic without her authorization or knowledge. The claimant continued that the following day 11th October 2013, the company subsequently sent a letter to the branch that N2,500,000.00 was missing.
That during interrogation and investigation by the Internal Audit of the defendant, the secretary (Miss Emilia Ezeji) admitted that the claimant asked her to send indemnity forms to Plenco Industries Limited but she assumed that she also instructed her to confirm the request for treatment.
That while she was waiting for the Internal Audit report of the defendant, the defendant on 23rd October 2013 sent an electronic mail informing her of the defendant’s management recommendation to the effect that the sum of N1,625,000 (One Million, Six Hundred and Twenty-Five Thousand Naira) should be recovered from her at a monthly deduction of N81,250.00 (Eighty-One Thousand, Two Hundred and Fifty Naira) only for a period of 20 months.
That the defendant commenced deduction of N81,250.00 only from her staff account on November 22, 2013 and December 20, 2013. That her 2013 end of the year earned medical allowance in the sum of N150,000.00 and earned passage allowance in the sum of N112,500.00 only respectively were unlawfully deducted. That when the impunity of the defendant could no longer be condoned, she tendered his resignation letter on December 9, 2013.
To the defendant, the claimant was employed by the defendant. That the Secretary of Awolowo Branch of the Bank had treated the transfer request upon the claimant’s instructions by the time the claimant got to the office. That the investigation report carried out by the Internal Audit found the claimant guilty of negligence by her failing to confirm an email request purportedly emanating from a staff of a customer company before calling the Branch’s Secretary to attend to the request and scan indemnity forms to the sender of the mail.
That the claimant was clearly negligent in not seeing that the purported email instruction from the customer was a scam or fake email which emanated from ‘plenconigerian@gmail.com’ whereas the customer's email address is ‘plenconigeria@gmail.com’. That the customer’s confirmation threshold, which the claimant was aware of is N500,000.00. That the transaction as to N2,500,000.00 was above the threshold and ought to have been confirmed by the account officer.
The defendant went on that the claimant tendered her resignation letter dated 9th September 2013 terminating her employment with the defendant only on the ground that she wanted to pursue her personal development. That no actions of the defendant could have traumatized the claimant emotionally and or crippled her financially to the extent of her not meeting her financial obligations, as the defendant’s actions were based on the negligence and carelessness of the claimant to her official duties. That the claimant’s act of carelessness and negligence is considered a serious offence as enshrined in the Employees’ Handbook of the defendant, which attracts severe penalty and sanctions by the Bank. The claimant is thus NOT entitled to the reliefs claimed or any relief for the reasons alleged.
The defendant on its part submitted for determination among others Whether the deduction of the sum of N1,647,307.92 by the defendant from the claimant’s account in payment of the N1,625,000.00 (65%) surcharge for loss occasioned by the claimant’s negligence was unlawful, unfair, unjust, unconstitutional and so should be paid back to the claimant.
After reviewing the argument of both parties, the Court Presided by Hon. Justice B. B. Kanyip expressed thus;
“The report of the internal audit investigation of the defendant regarding the matter, it was found/established that plenco’s authorized email with the defendant is plenconigeria@gmail.com; and that the email the claimant and Emilia Ezeji received on 10th October 2013 was from plenconigeria@gmail.com. It was when Plenco saw the debit alert that they contacted the claimant, requesting to know what the debit alert was for as they did not authorize any transection. While this was ongoing on 11th October 2013, another instruction to transfer N5 Million to the account of Paul Okonkwo in Zenith Bank was received from same plenconigeria@gmail.com. The evidence before the audit investigation unit was that Emilia “felt the Account Officer already confirmed the transaction when she called her and as such did not bother confirming the transaction directly from the customer”. On being asked why she consummated a transaction of N2.5 Million alone without the input of the Account Officer, Emilia claimed that she was saddled with such responsibilities in the branch which included treating customer’s transfers of any amount (when marketers) are not around. Also that she did not realize the difference in the email address until it was pointed out to her when she was asked to “reply all”; it was then that she saw the “n” that was added to the customer’s genuine email address.
“Also observed is that the transfer instruction was sent using letterhead similar to the one used by Plenco in forwarding their complaints to the bank, and the signature on the instruction also appeared genuine when compared with customer’s mandate.
“I have carefully considered the findings/observations, conclusions, and recommendations of the audit investigation unit, and I have difficulty coming to the conclusion that the conclusions and recommendations of the audit investigation unit are necessarily correlated with its findings. What I see and so find is that the audit investigation unit made a finding and then recommended something different, unrelated to the findings.
“For instance, it cannot be found that the claimant did not confirm the transaction, find also that Emilia felt that the claimant already confirmed the transaction (note that the word is “felt”), find that the letterhead and signature instructing the transfer appear genuine, and yet come to the conclusion that the claimant is negligence. What is it that the claimant did that a reasonable man would not do, or did not do what a reasonable man would do?
“The particulars of negligence listed in paragraph 15 of the amended statement of defence do not satisfactorily answer these questions - not with the findings of the audit investigation unit as contained in paragraph 4.0 of Exhibit D5. I so find and hold. This being so, I find and hold that the claimant was not negligent. Relief (a) has according been proved and so is hereby granted.
On the Relief for N25 Million being general damages, His Lordship dismissed the relief that no entitlement has been proved.
“It is hereby declared that the claimant was not negligent and as a result, the recommendation of the management of the defendant on October 23, 2014 indicting the claimant is null and void.
"It is hereby declared that the various sums of money deducted by the defendant from the accounts of the claimant are illegal, unconstitutional, null and void and same are hereby reversed." Justice Kanyip Ruled.
The Court also declared that the sum of N1,647,307.92) being the total sum of money the defendant illegally deducted from the claimant’s various accounts should be refunded to the claimant by the defendant within 30 days of this judgment, failing which it shall attract interest at 10% per annum until fully liquidated.
