Facts:

The appellant, Mr Adeleke was an official of the respondent, United Bank for Africa Plc who was put on suspension by the respondent following the discovery of fraud involving the total sum of N3,295,000 (Three million two hundred and ninety-five thousand Naira). It was alleged that the appellant signed three of the six cheques involved in the fraud without adhering to rules and practices of the respondent.

The respondent constituted a committee to look into the circumstance surrounding the fraud which caused it monetary loss. The appellant attended the committee’s meeting and admitted that he authorized the payment of the three cheques. He, however, denied that he failed to follow the rules and practices of the respondent as he had no reason to suspect that the cheques were forged. The committee recommended his dismissal for gross-misconduct and negligence which was communicated to him while criminal trial involving the appellant at the High Court of Oyo State, Ibadan was on-going.

The appellant consequently instituted an action in the High Court challenging his dismissal. The learned trial judge dismissed the claims before him holding that the dismissal of the appellant from the services of the respondent was lawful. The appellant dissatisfied with the judgment of the trial court, appealed to the Court of Appeal.