<p><strong> GARBA JCA (Delivering the Lead Judgment): </strong> The appellant was an employee of the 1st respondent until 20 September 1993 when by a letter of that day, he resigned his employment and was later employed by Pinnacle Commercial Bank Limited. Then on or about 7 April 1994, the 1st respondent served him at his new place of employment, a query to explain within seven (7) days, allegations regarding illegal/unauthorized conducts and action involving running a private business while in the employment of the 1st respondent, diversion of deposits and using the 1strespondent’s address, telephone and fax numbers for the said private business. </p><p>The appellant did not answer the query on the ground that he was no longer in the employment of the 1st respondent and so not a member of staff against whom disciplinary procedure could be initiated under the staff handbook. The 1st respondent proceeded with the disciplinary action against the appellant and in a letter dated 5 May 1994 notified the 2nd and 3rd…</p>