HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgement): This is an appeal against the judgment of the National Industrial Court of Nigeria, Calabar Judicial Division, delivered on the 31/5/2017, wherein judgment was entered for the respondent, the court having concluded that:
Now the Supreme Court in considering this scenario held that the Appellant having initiated criminal proceeding in this matter are bound to await the outcome of the trial before rekindling their disciplinary actions.
What this means is that a defendant or employer who reports his employee to the police in a criminal charge is required to await the conclusion of the criminal proceeding before he can take any further step in their internal disciplinary measures. It is on that ground that I find the Defendants action in dismissing the Claimant, wrongful.
This court has held that a verdict of a discharge is a favourable termination of a case for recall. See the case of SUIT NO. NIC/LA/117/2011 MR. BABATUNDE Vs. DANA…