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ACB LIMITED V. SABASTINE UFONDU

(1997) JELR 45380 (CA)

Court of Appeal  •  CA/J/68/94  •  29 May 1997  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The respondent was the plaintiff before the Maiduguri High Court in suit No. M/9/86 and the appellant the defendant. The appellant (hereinafter referred to as the defendant) is a banking organization. It employed the plaintiff. The plaintiff later rose to the status of a branch manager of the defendant's Maiduguri branch. While he was a branch manager, the plaintiff granted loans and advances to some customers. The loans and advances were unauthorized in the sense that the plaintiff had not obtained the prior approval of the defendant before granting them. The issue that loomed large at the trial was whether the circumstances in which the plaintiff granted these unauthorized loans qualified to be classified as a flagrant disregard of the defendant's instructions to its staff on lending as to amount to misconduct justifying the dismissal of plaintiff from the defendant's employment. The plaintiff admitted that he granted the unauthori…

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