The Owerri Division of the National Industrial Court (NIC) has awarded N50 million in damages against First Bank Plc in favour of a former employee, Collins Godspower, over what the court described as wrongful blacklisting and unfair labour practice.
Justice Nelson Ogbuanya delivered the judgment in a suit marked NICN/YEN/125/2016, filed by Godspower against the bank, arising from his dismissal and subsequent reporting to the Central Bank of Nigeria (CBN) as an employee disengaged for fraud.
The court set aside the employment ban placed on the claimant and held that First Bank acted maliciously by forwarding his name and biodata to the CBN as an ex-staff dismissed for fraudulent and dishonest activities, despite the absence of any indictment.
Justice Ogbuanya ruled that the action, which resulted in Godspower’s blacklisting under Section 44(4) of the Banks and Other Financial Institutions Act (BOFIA), amounted to workplace defamation and unfair labour practice.
During the trial, Godspower, through his counsel, G.C. Ihunwo, told the court that his employment was terminated on the grounds of “services no longer required”, following a suspension and recall over allegations linked to an unauthorised dollar purchase transaction.
He said he later discovered that his inability to secure employment in the banking sector was due to First Bank publishing his name and photograph on its portal and reporting him to the CBN as a staff dismissed for fraud, leading to his blacklisting from the financial industry.
In its defence, First Bank Plc, through its lawyer, A.N. Ozornafor, admitted publishing the claimant’s details and forwarding them to the CBN, but argued that it acted in compliance with BOFIA and a regulatory circular issued by the apex bank. The bank also challenged the jurisdiction of the National Industrial Court.
However, Justice Ogbuanya dismissed the objection, affirming that the court has jurisdiction over employment-related disputes, including workplace defamation.
He held that workplace defamation is distinct from general defamation and arises strictly within the context of labour relations.
On the substance of the case, the court found that recalling the claimant from suspension pending investigation amounted to his exoneration by operation of law, and that there was no justification for reporting him to the CBN.
The judge faulted the bank for terminating Godspower’s employment on the ground that his services were no longer required, while simultaneously portraying him to regulators as having been disengaged for fraud.
In awarding damages, Justice Ogbuanya said the bank’s actions had “tarnished the claimant’s cherished career and rendered him jobless and traumatised.”
He consequently awarded N50 million against First Bank Plc as general damages for unfair labour practice and ordered that the wrongful publications be set aside.
The court further restrained the bank from taking any further action capable of damaging the claimant’s career.
