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N20.2m fine slammed against First Bank Plc over unlawful dismissal

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A sum to the tune of N20 million has been slammed against the First Bank of Nigeria (FBN) Plc as general damages for wrongful dismissal and acts of unfair labor practice against its former employee, Lovell Osahon Ehigie.

The award of damages against the old generation bank was made by the National Industrial Court of Nigeria (NICN) sitting in Port Harcourt.

The court presided over by Justice Nelson Ogbuanya also awarded a cost of N200, 000 against the bank in favor of the claimant and ordered the defendant to compute and pay to the claimant his withheld terminal benefits and one-month ‘salary in lieu of notice’, in line with the terms of the employment contract.

Justice Nelson Ogbuanya further directed that the sum of money awarded should be payable to the claimant within two months of the judgment, failing which it attracts a 10 per cent interest rate yearly until fully liquidated in a September 30, 2021, judgment, which the Certified True Copy was obtained by The Guardian last week.

The judge decided while handing down his judgment in a suit designated NICN/PHC/137/2017, filed by the claimant against First Bank Plc.

It would be recalled that the claimant had prayed the judge to declare that the termination and dismissal of his appointment were unlawful and illegal.

Osahon Ehigie had equally urged the court to hold that he suffered damages as a result of the acts of the defendant.

“A declaration that the claimant is entitled to and be paid his salaries, entitlement and emolument from the period he was unlawfully and illegally dismissed from his employment until judgment is given, the sum of N60 million being damages for unlawful and illegal termination of appointment and in alternative the sum of N100 million as severance fee,” he prayed.

The claimant explained that he was employed by the defendant via a letter of employment dated June 16, 1998, and served for about 29 years as of July 2017, after rising through the ranks to the position of Assistant Manager, and had been deployed at various branches of the defendant bank, where he served creditably without blemish.

Osahon Ehigie stated that he was queried for issuing dude cheque, and he responded to explain that he didn’t do so, consequent upon which the defendant suspended him pending the investigation of the said allegation.

Osahon Ehigie argued that without being invited to any disciplinary proceedings and without compliance with the provisions of Article 11(c) the Employee Handbook, he received another letter of Termination of Appointment dated September 15, 2017, terminating his employment on the purported ground that his services were no longer required.

However, in its opposition, First Bank Plc argued that the claimant’s employment was terminated because his services were no longer required and not as a result of the issuance of dud cheque of which the defendant had drawn the claimant’s attention through the query and which he responded to, and that ended the issue.

The financial institution equally mentioned that no such issue was raised in the termination letter, which was served on the claimant, adding that the claimant was paid one month in lieu of salary, and that it did not set up disciplinary procedure against him as the reason for his termination was that his services were no longer required, and that such reason for termination does not warrant setting up of disciplinary committee to try the employee.

The bank contended that the termination of appointment was lawful as it was done in accordance with the terms of his employment with the defendant, with an addition that the claimant suffered no hardship or damages.

The bank, therefore, urged the court to dismiss the suit with costs.

In dishing out his judgment, Justice Ogbuanaya held that the legal status of the claimant’s exit from the employment was that of dismissal and not termination.

“The issue (1) is, therefore, resolved in favour of the claimant, to the effect that from the evidence on record, the defendant did not just terminate the claimant’s employment but dismissed him, in a manner akin to summary dismissal under Art.11.5 (k) of the Employee Handbook.

“The often adopted veiled reason of ‘services no longer required’ or muted reason does not apply to dismissal (whether express, implied or constructive) but limited to only proper termination done subject to and in due compliance with extant service contract in respect of service of the appropriate notice period or payment of salary in lieu of notice and requisite terminal benefits. I so hold.

“In light of the foregoing legal prescriptions on best practice of employment and labour relations, I have taken another look at the incidents and circumstances that culminated in the exit of the claimant from his employment with the defendant.

“From the records, the claimant had an unblemished service for 29 years, received anniversary commendation letter, but was later accused of issuing a dud cheque to an unnamed third party, an allegation contained in a query, of which he replied and denied any wrongdoing, as he had paid the third party through another payment mode, and it would amount to double payment to allow the earlier cheque to be paid out.

“He was nevertheless suspended to pave way for investigation, but a few days into his suspension (about 10 days) he was served with a termination letter that his services were no longer required. But then, he was neither paid one-month salary in lieu of notice nor his entitled terminal benefits for his years of service with the defendant.

“I have taken another deeper look at the said defendant’s contract of employment with the claimant and could not see nor was shown any provision where an employee’s employment can be terminated on the basis of ‘services no longer required’.

Learned defendant’s counsel did not also confirm any provision or basis of invoking such ground for terminating the employment in such circumstance that has been adjudged to amount to summary dismissal.

“No reason was also advanced to justify the said summary dismissal as evidence of the outcome of the suspension pending investigation was not made available even at the trial. I take the firm stand that absence of valid and justifiable reason makes a dismissal wrongful and is liable to be so declared and set aside. I so hold.”

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Christmas, Cash Scarcity and Attacks against CBN’s Proactive Stance – Toni Kan

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Let us look at a few figures……..

Nigeria’s population is put at a little over 200 million people while the UK population is about 68 million. This means that the Nigerian population is about three (3) times that of the UK.

As at June 2023, the UK banking system had about 49,421 Automatic Teller Machines and almost 2.3 million Point of Sales Terminals.

By contrast, the Nigerian banking system had a little over 22,600 ATMS according to TechCabal and is projected to reach 29,000 by 2029 according to Statista. Conversely, Nigeria boasted 1,665,664 POS terminals as at December 2022. Meanwhile, figures attributed to Inlaks, which is described as Nigeria’s biggest ATM operator, suggest that Nigeria needs at least 60,000 ATM machines to serve its population of over 200 million.

Where is all this going? Well to borrow a phrase from the comedian, Jeff Foxworthy; hold my beer, sir!

Those who know me well know what my favourite Igbo proverb is. It goes something like this in translation – “the disease that gives you warning, does not kill you!” It is a proverb that underlines the imperative of proactivity, what the Igbo people might call igba mbo.

So, I was really pleased when I read that the Central Bank of Nigeria (CBN) was taking a proactive step to ensure that there is no cash scarcity this Christmas.

Nigerians love cash and that love can become obsessive and reach fever pitch at festive periods. Have you been to Abeokuta during Ojude Oba? Or to Kano during the Durbar? Or Onitsha during Ofala? Those are regional festivities. So, you can imagine what happens at Christmas!

All efforts at driving a cashless policy and economy seem to collapse when festivities come around the corner and this year, the CBN was quick to take proactive action weeks before the festivities reach fever pitch. But the apex bank’s interventions seem to be having unintended consequences even though as at the time of writing this, the apex bank had put out three (3) different circulars and one press release around the issue.

First, is a not-so-surprising pushback from the banks and then a seeming lack of understanding by the general public no thanks to rampant mis-information.

The issue of cash scarcity around the Christmas period worsened under the sway of Godwin Emefiele at the CBN. The fall-out from the disastrous naira redesign he superintended over at the apex bank continues to haunt our banking vaults but Olayemi Cardoso and team are focused on making sure we turn that dark corner.

Let us begin with the first circular dated November 29, 2024: “Cash Availability Over the Counter in Deposit Money Banks (DMBs) and Automated Teller Machines (ATMs).” The circular had two sections: DMBs were directed to ensure efficient cash disbursement to customers Over the Counter (OTC) with the CBN insisting that it will enforce the directive and ensure compliance.

Secondly, members of the general public were encouraged to report instances where they are unable to get cash Over the Counter or through ATMs. The CBN ended with a list of 37 email addresses and phone numbers across the 36 states and FCT for reporting issues.

On paper, it looked like Nigerians and the cash worries were all sorted this Christmas but it didn’t take time for the expected pushback to occur. News reports began to circulate of long queues at banks and of ATMs struggling to dispense more than N10,000. “NAN reports that long queues have emerged at ATM stands around the city as residents struggle to have access to cash…Meanwhile POS operators are currently taking advantage of the situation to demand exorbitant charges on transactions.”

While Nigerians were still trying to make sense of the reason behind the long queues, another report had an official of the Association of Senior Staff of Banks, Insurance, and Financial Institutions (ASBIFI) pointing fingers. According to the report, “ASSBIFI President, Olusoji Oluwole, told the Punch that “Banks have only two sources of cash: the CBN and retailers. The CBN has not met banks’ demands, and retailers often sell cash for profit, making it harder for banks to access funds.”

As if in response to the charge, the apex bank responded “with their full chest” as we say on social media with a December 13, 2024 circular – Updated Penalty on Inappropriate Cash Disbursement Practices by Deposit Money Banks (DMBs) in which it condemned the “illicit flow of mint banknotes to currency hawkers and other unscrupulous economic agents that commodify naira bank notes thus impeding efficient and effective cash distribution to banks’ customers and general public.”

Giving bite to the circular the CBN said any bank found culpable of “facilitating, aiding or abetting, by direct actions or inactions, illicit flow of mint banknotes” would be fined N150m and then hit with the full weight of the relevant provisions of BOFIA 2020.

This time no pointing fingers were seen but the CBN was not done. Eager to completely squelch rumours around “the validity or lack thereof of the old ₦1000, ₦500, and ₦200 banknotes” the refusal of which was contributing to the long queues, the CBN issued a press release shutting it down: “The Central Bank of Nigeria (CBN) has observed the misinformation regarding the validity of the old ₦1000, ₦500, and ₦200 banknotes currently in circulation….the CBN wishes to reiterate that the subsisting Supreme Court ruling granted on November 29, 2023, permits the concurrent circulation of all versions of the ₦1000, ₦500, and ₦200 denominations of the Naira indefinitely.”

The third circular from the CBN which it said was in line with its “ongoing efforts to advance a cash-less economy” seems to have hit a raw nerve among Nigerians who, as we have already noted, love their cash even though it is now an offence to spray the naira.

News outlets also seemed to also get it wrong. The CBN circular of December 17, 2024 did not put a limit on how much cash you and I can withdraw from banks. The limits imposed in the circular titled – CIRCULAR ON CASH-OUT LIMITS FOR AGENT BANKING TRANSACTIONS – are “for agency banking operations” and as reported by TheCable is among interventions intended to address “identified challenges, combat fraud and establish uniform operational standards across the industry.”

Now, can I have my beer back as I attempt to outline how easily well-intentioned policies are rubbished by that euphemistically named malady known as the “Nigerian factor”.

The ASBIFI official was quick to point fingers even though simple logic can show that Over the Counter cash scarcity and at ATMs has little to do with the CBN or its cash distribution operations but with our Nigerian any-how-ness.

Let’s consider this. How is it that banks cannot fill up 22,600 ATMS, most of which are within or in close proximity to their branches but can afford to give cash to 1.6m PS operators? Doesn’t this seem to suggest that someone is out to make sure that the ATMs don’t have cash while the PoS operators continue to make a killing?

And why does it seem right that Nigerians should continue to pay between N250 and N400 per N10,000 withdrawals to PoS operators when ATM charges are far lower at N35 and only after you have made multiple withdrawals from other bank ATMs?

Oh, bankers have said ATMs are difficult to maintain on account of several factors and this takes us back to the figures we shared from the UK. Of the 49,421 ATMs in the UK, “78% were free to use” during the period under reference. So, why do we always talk about maintenance when it comes to Nigeria? Imagine if we paid N10 per ATM transaction, wouldn’t that be better than paying N250 to a PoS operator for every N10,000 withdrawn?

And for context, in 2014, data on various e-payment channels indicated that Automated Teller Machines (ATMs) remained the most patronised payment mode in Nigeria accounting for 89.7% of all electronic transactions with PoS transactions accounting for just 4.58 per cent. Today, the reverse is the case and the question to ask remains; what changed? The answer has something to do with financial inclusion but that is a topic for another day.

As you ponder that poser, ask yourself why is it always difficult to get mint bank notes over the counter in the banks meanwhile, step into any event center and you will see some hawker waving bright new notes in your face. Surely, they don’t get those notes from the CBN.

When the CBN referenced the Supreme Court ruling granted on November 29, 2023 to the effect that the old notes are still legal tender, their X Formerly Twitter page was filled with bile. But what many are failing to contend with is that the current leadership is only trying to make sure the mess they inherited doesn’t get worse.

As we prepare for Christmas and the New Year the advice is simple; go to your bank and ask for your money or withdraw from the ATMs and if you suspect any funny business, email or call the hotlines provided by the CBN.

Say no to any-how-ness this yuletide.

 

Toni Kan is a PR expret and financial analyst.

 

 

 

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Aviation Minister Leads Delta APC Leadership To National Chairman, Advocates Unity Ahead of 2027 Elections

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The Honourable Minister of Aviation and Aerospace Development, Olorogun Festus Keyamo SAN, today, led the leadership of the All Progressives Congress (APC) in Delta State, to the National Chairman of the APC, His Excellency Dr. Abdullahi Ganduje, at the APC National Headquarters in Abuja.

 

During the meeting, the Delta APC leaders briefed the National Chairman on the current state of the party in the state and the ongoing efforts to reconcile party members. They presented the report of the Reconciliation Committee, which has been approved by the Delta State APC State Working Committee (SWC) and earlier submitted to the National Chairman.

The delegation emphasized the importance of collaboration, stating that the era of a one-man leadership style in Delta APC is over. They reaffirmed their collective commitment to working as a united team to reposition the party and strengthen its prospects ahead of the 2027 general elections. This new direction was evident in the composition of the high-powered delegation that visited the National Chairman.

 

In his response, the National Chairman, Dr. Abdullahi Ganduje, commended the Delta APC leadership for their efforts to foster unity and ensure the party’s victory in future elections. He assured them of his commitment to work with Delta APC leaders, including those absent from the meeting, to build a united and formidable front. During the meeting, Dr. Ganduje also spoke with Delta State APC Chairman, Elder Omeni Sobotie, who was unavoidably absent due to health reasons, and wished him a swift recovery following his recent surgery.

 

The delegation to the meeting comprised prominent leaders of the Delta APC, including: Olorogun O’tega Emerhor, OON-Founding Leader of APC in Delta State,

Elder Godsday Orubebe- Former Minister,

Senator Ede Dafinone,

Senator Joel Thomas-Onowakpo,

Rev. Francis Waive- Member, House of Representatives and

Hon. Victor Ochei-former Speaker, Delta State House of Assembly.

The meeting was concluded with a renewed sense of purpose among the Delta APC leaders and a shared commitment to repositioning the party for electoral success in 2027.

 

 

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Just In: Alleged N110.4billion Money Laundering: Yahaya Bello Begs Court: Spare me Landed Property in Maitama for Bail.

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A former governor of Kogi State, Mr. Yahaya Bello has pleaded with Justice Maryann Anenih of the Federal High Court sitting in Abuja to spare him the possession of a landed property in the Maitama district of Abuja as one of the conditions for bail.

 

Details later…

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