GARBA JCA (Delivering the Lead Judgment): The appellant was an employee of the 1st respondent until 20 September 1993 when by a letter of that day, he resigned his employment and was later employed by Pinnacle Commercial Bank Limited. Then on or about 7 April 1994, the 1st respondent served him at his new place of employment, a query to explain within seven (7) days, allegations regarding illegal/unauthorized conducts and action involving running a private business while in the employment of the 1st respondent, diversion of deposits and using the 1strespondent’s address, telephone and fax numbers for the said private business.
The appellant did not answer the query on the ground that he was no longer in the employment of the 1st respondent and so not a member of staff against whom disciplinary procedure could be initiated under the staff handbook. The 1st respondent proceeded with the disciplinary action against the appellant and in a letter dated 5 May 1994 notified the 2nd and 3rd…