1. Whether the Court has the competence to hear and determine
the application.
2. Whether the application is admissible.
3. Whether
the
Applicant
was
unfairly
dismissed
by
the
Respondent.
ISSUE 1: Whether the Court has competence to hear and
determine the application.
Competence is a jurisdictional issue that is settled by law. Generally, the
Court by itself cannot assume competence to exercise jurisdiction on any
matter except by means of statutory provisions conferring on it the
competence to exercise jurisdiction on any issue that comes before it.
The Court is aware that amongst the several grievances contained in the
application of the Applicant, there is an allegation of violation of right to fair
hearing by the Respondent, failure by the Respondent to comply with the
Provisions of the Staff Rules and Regulations in the recruitment exercise
conducted to fill the vacant position of Director , Public Sector Operation
of the Respondent’s Bank and the unfair dismissal of the Applicant without
due process and in blatant contravention of the relevant provisions dealing
with discipline and dismissal. The Applicant alleged that by letter and a
memoranda dated 14th April 2017, 4th May 2017 and 23rd May 2017, he
wrote to the Board of Directors of the Respondent protesting of the
fraudulent act that marred the recruitment exercises. That the Respondent
in response expressed its satisfaction with the way and manner the said
recruitment exercise was conducted. The Applicant avers that in a bid to
11 | P a g e