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FIRST BANK OF NIGERIA PLC v. MR. NKEMKA N. AGBAKWURU

(2018) JELR 39611 (CA)

Court of Appeal  •  CA/L/134/15  •  9 Feb 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): As the Head of the Retail Banking Unit at the Douglas, Owerri Branch of the Appellant, the Respondent was assigned to verify and confirm all the documents submitted by a customer; Maku II International (Maku hereafter) for a loan facility of N18,000.000.00 (Eighteen Million Naira) to finance an oil contract. Based on the confirmation by the Respondent, the Appellant approved and granted the credit facility to Maku, but later discovered that the Letter of Domiciliation and LPO submitted by Maku for the facility were fake. The Respondent was queried and after appearing before the Disciplinary Committee of the Appellant he was dismissed summarily from the service of the Appellant by a letter dated 25th of August, 2010.

Aggrieved by the action taken against him by the Appellant, the Respondent instituted suit No. LD/313/2011 before the National Industrial Court (N.I.C.) and in the Amended Statement of Facts dated 29th of Octob…

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