Access Bank V. Onwuliri (2021)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. 

By a Writ of Summons filed on 28/7/2003, the Respondent herein, as plaintiff, sought the following reliefs against the appellant, as defendant:

1. A DECLARATION that the purported summary dismissal of the Plaintiff from the Defendant conveyed in the letter dated 4/1/2000 is null, void and of no effect whatsoever same having been done without due process and proper authority.
2. An order of Court against the Defendant:

(a) Reinstating the plaintiff as a staff of the defendant or accepting the plaintiff’s resignation from the date of judgment in this suit.

(b) Special damages:

(i) Salary arrears from January 1999 – December, 2002 at N1,000,083.33 per annum x 4 years = N4,000,333.32

(ii) Salary arrears from January 2003 to June 2003 at N83,340.28 per month = N500, 041.68

(iii) Gratuity from July 1989 – 2003 at N83, 340. 28 per annum x 14 years = N1,166,763.92.

(iv) Contributory pension for 14 years = N2,300,000.00

(v) 40,000 shareholding at stock price of N3.00 each and dividends from 1999 – 2003 = N160,000.00

​Sub-total less = N8, 127,138.8

(vi) Housing loan of N900, 000.00 at 2% interest per annum from 1999 – 2003 = N984,098

Total special damages = N7,143, 040.7

(vii) Paying the Plaintiff’s monthly salary at the rate of N83, 340,280 per month or any increase thereto from the month of July 2003 until judgment.

(viii) An interest on the total entitlement based on the Central Bank of Nigeria commercial rate.