Counsel Slams Bank over Request for Change of Judge in Suit

James Sowole in Abeokuta

Mr. Monday Mawah, the Counsel to the former Branch Manager of First Bank Plc, Mr. Sanni Mansir, has slammed the bank for requesting reassignment of a suit no NICN/LA/496/2020 before Justice Rabiu Gwandu, to another judge.

The First Bank is a Respondent/ Defendant in the suit filed by Mansir, at the National Industrial Court of Nigeria (NICN), Lagos.

Mawah had at a news conference in Abeokuta, Ogun State capital, said that granting the request of the First Bank would compromise true justice.

The counsel alleged that First Bank of Nigeria (FBN) was exploring a change of judge option to delay the court process after finding out that its case was laid “on a shaking foundation, which is set to crumble.”

Mansir, who was sacked by the FBN, dragged the bank before the National Industrial Court (NIC) in a suit No NICN/LA/496/2020, in which he claimed that he was wrongly dismissed when he was serving as a manager of Dutsinma Branch in Kaduna State in 2020.

He prayed the court to order his former employers to reabsorb him, not just into his former position but to the next step on the premise that his mates have moved from being a branch manager (BM) to the position of a business development managers (BDMs). 

The claimant also requested the sum of N500 million for damages caused him by First Bank.

Giving background of the case, Mawah said the respondent (First Bank), through its lawyer, Mr Okechukwu Umemuo, based the sacking of the claimant/plaintiff on two arguments before Justice Rabiu Gwandu.

He said: “First Bank said my client was sacked for placing a lien on one Abayomi Olufemi’s account without the customer’s knowledge and again that my client refused to give the sum of N36 million meant for the same person, Mr. Abayomi (a contractor) to him in full.

“They said my client gave Abayomi N13 million instead of N36 million.

“As a result, we requested to amend our processes and we brought the same Abayomi to court and there he cleared my client saying my client gave him the whole N36 million in full and that the lien placed on his account was ordered by himself.

“At that point even a layman on the street already knew that it was a bad case for FBN. And as a way to delay justice, they are now saying the judge should be changed.”

Not satisfied with the court process, the First Bank’s counsel, raised a letter requesting the President of the National Industrial Court of Nigeria, Justice Benedict Kanyip, to reassign the matter to any other judge of the industrial court.

The bank accused the judge of making a statement, which it found threatening to achieving justice in the matter, hence, the plea for a reassignment of the case to another judge.

Umemuo, in his letter to the President of the Industrial Court, alleged that the judge was biased, and quoting the judge, said: “I am not one who seeks media attention but I can give a judgment in this case against the bank that will make headlines.

“In the circumstances My Lord, the defendant is very apprehensive that there is the likelihood of bias if Honourable Justice Gwandu is allowed to determine this suit,” the letter read in part.

Reacting further on the request, Marwah said: “I am calling on the president of the Industrial Court, Lagos, not to listen to that watery and baseless claim.

“There is nothing that had happened so far to make either of the parties to draw the inference that my Lord, Honourable Justice Rabiu Gwandu, could be biased.

Umemuo debunked the allegation of trying to pervert justice saying that he had not accused that the judge of any act of corruption whatsoever.

He, however, said that his client is requesting for a transfer on the premise that the judge already have a position even before hearing the defendant’s evidences.

“Because of the state where the matter is now, it will not be right for me to be pre judging a matter we have before the president of the Industrial Court.

“Everyone knows the industrial court as a place of high integrity and in all my years of working there, I have never heard any case of bribing to pervert judgment. We requested for transfer, not on the basis of corruption, if it was on the basis of corruption, we would have written the NJC.

“We only requested for a transfer because the judge have taken a position on the matter before hearing our evidences.”