MOHAMMED LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kwara State High Court (herein referred to as the trial Court) sitting in Ilorin Judicial Division and delivered on 20/12/2012.
The Brief facts of the case is that, the Appellant (as plaintiff) before the trial Court was an employee of the Respondent (as Defendant) before the trial Court) since 1990 as a clerk. He rose to the status of Officer II and was confirmed a permanent staff of the Respondent. The Respondent is a Financial Institution carrying on banking operation under the Banking Laws of Nigeria.
Sometime in May 2004, the Appellant was arrested and arraigned before Chief Magistrate Court, Ilorin for an offence of negligent conduct and was consequently interdicted.
After thorough investigation, the Director of Public Prosecution (D.P.P.) issued a legal advice exonerating the Appellant of the offence of negligent conduct against him and Magistrate Court acting on the advi…