Heritage Bank Employee Reference Form Does Not Amount To Guarantee Or Indemnity — Court Rules

Hon Justice (Prof.) Elizabeth Oji of the Lagos Judicial Division of the National Industrial Court has declared that the Employee Reference Form filled by Mrs. Adebomi Motunrayo on behalf of one Nkechi a staff of the Heritage Bank does not amount to a guarantee or indemnity.

Justice Oji held that Mrs. Adebomi is not liable to the Heritage Bank or any other person for any conduct of Nkechi on the basis of the bank’s Employee Reference Form filled by Mrs. Adebomi on behalf of Nkechi.

Justice Oji held that the Reference Form filled by Mrs. Adebomi was not an indemnity or surety to produce or bear any form of responsibility in the place of the bank former employee.

However, the Court declined Mrs Adebomi N5m damages claim for lacking merit and held that the allegation of harassment, intimidation, and prosecution could not been established by evidence.

From facts, the Claimant- Mrs. Adebomi Motunrayo had submitted that she filled the 1st Defendant’s Employee Reference Form for one Nkechi a staff of the Heritage Bank, who informed her that she needed a reference to be submitted to the bank for the purpose of her confirmation as a staff of the bank.

She noted that she was invited by the Nigeria Police Force on the instigation of the bank and stated that she knows absolutely nothing about the alleged fraudulent diversion of funds by Nkechi, and also, that she merely signed a reference form and did not give any guarantee or indemnity and was granted bail.

Her learned counsel argued that the threats by the bank and the Police that her client should produce Esther Nkechi or be charged to Court are rather too unfortunate, as same is nothing but an arbitrary show of power, and asked for A DECLARATION among others that she is not liable to criminal prosecution by the Nigeria Police Force or any other agency on the instigation by the bank or any other person based on the bank’s Employee Reference Form she filled on behalf of Chukwunenye Esther Nkechi, and the sum of Five Million Naira (N5,000,000.00) only, as general damages.

In defense, the 1st defendant- Heritage Bank averred that the law permits any person to make a complaint to the Nigerian Police where he believes that an offense has been, is being, or is likely to be committed; and state that as such, the 1st Defendant’s petitions to the Nigerian Police against Nkechi is in line with the right given to, and the civic duty of the bank, to make a report to the Nigerian Police.

That in furtherance of the Police investigations, Mrs. Adebomi Motunrayo was called upon to stand as a guarantor to Nkechi in line with her declarations contained in the Reference Form, urged the court to dismiss the case.

The Court in its well-considered judgment, presided by Hon. Justice (Prof) Elizabeth Oji assumed jurisdiction to hear the matter being a matter relating to or connected with employment and matters arising from conditions of service.

Justice Oji held that a careful perusal of the reference form shows what Mrs. Adebomi Motunrayo filled on behalf of the Heritage Bank former employee was clearly a REFERENCE FORM and not a guarantor form.

The Court held that there is nowhere in the reference form that Mrs. Adebomi Motunrayo indemnified the bank and no fact averred showing that she (Mrs. Adebomi Motunrayo) was asked to stand as a Guarantor at the material time.