By Desire Emmanuel
The National Industrial Court has ordered the Central Bank of Nigeria (CBN) to immediately remove the name of a lady, Gloria Blessing, from its blacklist, thereby restoring her eligibility for employment within the Nigerian financial sector.
Justice Zaynab Bashir of the Port Harcourt Division of the court, gave the judgment on Monday, saying conduct of the apex bank was not only inconsistent with the letter of the guidelines, but also offended the principles of fairness, transparency and accountability, which the guidelines were designed to uphold.
According to available court documents, Blessing averred that she was unaware of the specific facts or circumstances that led to her inclusion on the blacklist maintained by the Central Bank of Nigeria.
Her counsel also stated that the only information available to her was communicated through her employer, Fidelity Bank, from whom she has now resigned.
Blessing further averred that during the pendency of the case, she was advised by her employer to resign pending the resolution of the issue, and she accordingly tendered her resignation.
Counsel to Blessing further contended that his client made formal inquiries to both Fidelity Bank and CBN, requesting clarification based on her blacklisting, but was not furnished with any substantive response, except an indication from Fidelity Bank that an internal investigation was ongoing.
In its defence, the first defendant- Fidelity Bank, filed a notice of preliminary objection and urged the court to strike out the case for want of jurisdiction and competence.
The bank argued that prior to the termination of Blessing’s employment, she was confronted with acts of misconduct and that such misconduct made the bank to report her to the industry regulator to safeguard the integrity of the financial system.
Fidelity Bank further contended that Blessing has not approached the court with clean hands, having allegedly suppressed material facts relating to her misconduct.
The second defendant- Central Bank of Nigeria, also urged the court to strike out the case on the ground that the court lacked jurisdiction to entertain same against apex bank on the ground that the Federal High Court has exclusive jurisdiction over matters relating to the CBN as an agency of the Federal Government and that the subject matter of the suit pertains to the regulatory powers of the CBN.
Counsel to the CBN argued that Blessing failed to establish that her name was indeed placed on the blacklist maintained by the bank, and that the claim is therefore unsubstantiated.
Responding, counsel to Blessing argued that the reliefs sought by her, particularly the restoration of her eligibility for employment within the financial sector, are intrinsically linked to her right to work and to be employed, which are matters squarely within the jurisdiction of the industrial court.
The counsel contended that the CBN cannot rely on evasive denials to join issues with his client, and that the facts deposed to by Blessing remained substantially unchallenged.
Delivering her judgment, Justice Bashir dismissed the Fidelity Bank and CBN preliminary objections and held that the inevitable consequence of the constitutional arrangement is that where a dispute involves a Federal Government agency and simultaneously arises from or is connected with employment or labour relations, jurisdiction resides exclusively in the National Industrial Court.
On the substantive matter, the judge reasoned that a holistic reading of Clause 7.0 of the CBN Revised Guidelines For Blacklisting For Banks And Other Financial Institutions In Nigeria reveals that the mere existence of misconduct is not sufficient, in and of itself, to warrant blacklisting.
Rather, the misconduct must attain a certain threshold of gravity, measured against the level of harm occasioned and supported by verifiable and credible evidence.
Justice Zaynab noted there is no evidence before the court to establish that the alleged misconduct by the lady resulted in any significant harm to Fidelity Bank or its customers, nor is there any indication that it falls within the category of grave offences contemplated under the CBN Guidelines.
The judge stated that instead of Fidelity Bank and CBN complying with the prescribed procedure, Fidelity Bank merely facilitated the termination of Blessing’s employment and thereafter proceeded, without demonstrated due process, to subject her to the far more severe consequence of blacklisting.
She declared that Fidelity Bank has no record or proof of any offence directly incriminating Blessing, within the meaning of the Revised Guidelines for Blacklisting for Banks and Other Financial Institutions in Nigeria, that would warrant her inclusion on the blacklist maintained by the CBN.
She therefore ordered that the CBN should immediately remove her name from its blacklist.
