Hon. Justice Polycarp Hamman of the National Industrial Court, Portharcourt Judicial Division has declared the listing and subsequent sending of Sarah Longe’s details to the Credit Bureau Department as a debtor as unlawful and unjustifiable.

Justice Hamman held that Sarah Longe is not indebted in any way to the bank, either during her employment from 2014 to 2016 or after the termination of her employment; awarded the sum of N2m as general damages.

The Court further ordered the bank to remove forthwith, Sarah Longe’s details as a debtor in the bank list of debtors and also withdraw her name as debtor in the Credit Bureau Department within 30 days.

From facts, the Claimant- Sarah Longe had submitted that her employment was abruptly terminated for no just cause by the Access Bank in 2016 and that while experiencing pains and anguish over the loss of her job, she received debit alerts stating that she is indebted to the bank in the sum of N203,639.62 which accrued from unearned rent among others.

She further pleaded that she was declined another employment because of the bad Credit Report authored and written by the Defendants that was sent to all the Financial Institutions in Nigeria and she has lost her source of livelihood and Career Advancement due to the embargo placed on her person and profile by the Defendants.

In defense, the defendants – Access Bank averred that since the allegations of the claimant occurred before they acquired Diamond Bank that the suit had commenced four years after the Sarah was disengaged and no reasonable cause of action against the GMD, and Sarah Longe is not entitled to any of the claims in the suit.

They further averred that the alleged bad credit report to the Credit Bureau Department cannot in law bar the Claimant from future employment in a financial institution, and urged the Court to dismiss the case in its entirety.

In reply, the claimant counsel maintained that the Defendants are responsible and liable for the trauma and financial difficulties his client had suffered by virtue of the Credit Report authored and written by Diamond Bank Plc (now 1st Defendant) that, the instant suit discloses a reasonable cause of action against the GMD, urged the court to grant the reliefs sought.

Delivering the Judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice Polycarp Hamman dismissed the objection and affirmed the jurisdiction of the court, and held that suit failed to disclose any reasonable cause of action against the GMD.

Justice Haman held that Sarah Alonge having utilized the allowances paid to her upfront before the termination of her appointment in May 2016, is not indebted to the bank.

The Court further stressed that the bank has failed to show the court whether, by law, practice in the banking sector or even the agreement between the parties allowances paid upfront to employees at the beginning of the year are to be refunded if the employee’s appointment is terminated within the same year.

However, Sarah Longe’s claim for loss of earning/career advancement and loss of professional advancement are unproved and was refused by the court.

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