UNION BANK OF NIGERIA LIMITED V. FRANCIS E. OKENWA

EMMANUEL OLAYINKA AYOOLA, J.C.A. (Delivering the Leading Judgment): By a letter dated 7th February 1980 the appointment of the respondent with the appellant was terminated without notice or payment of salary in lieu on notice by reason of an alleged involvement in fraud which caused the appellant a loss of N71,500.00 sometime in September 1979. As a result of the alleged fraud the respondent was apprehended by the police and charged to court along with two other persons. While the case was still pending before the court the appellant having first suspended the respondent later dismissed him from its employment by the letter earlier mentioned. On 23rd November, 1984 the respondent was discharged by the Chief Magistrate's Court before which he was charged on the ground that the prosecution had not made out a prima facie case against him. In April 1984 the respondent's solicitors demanded that the appellant reinstates the respondent in his former position and in addition pay him his arre…