Customer’s negligence: First Bank to pay doctor N7m

MD First Bank, Bisi Onasanya

Few days after armed robbers killed four, including a corps member at one of its branches in Ekiti State, the Owerri Division of the Appeal Court has upheld the judgment of an Imo State High Court awarding a sum of N7m in damages against First Bank Plc in favour of a medical practitioner, Dr. Arinze Anyagham.

The medical practitioner had in 2010 sued First Bank before the lower court for “actionable negligence”.

His claim was that the bank, through the negligence of his officers, made him to “miss” a professional examination, leading to his sacking from the services of the Federal Medical Centre, Owerri.

In the suit filed before Justice N. Okoronkwo of the lower court, Anyagham explained that while undergoing his Residency Programme at the Federal Medical Centre, Owerri, he was required to sit and pass a Primary Fellowship Examination conducted by the West African College of Surgeons, in order to be able to retain his employment with the medical centre.

According to him, candidates seeking to participate in the examination were required to pay a subscription or examination fee of N14, 000 into the WACOS current account with the First Bank numbered 3162010038711.

Anyagham said that on January 25, 2006, he paid N14, 000 into the said account as his registration fee for the WACOS examination scheduled to take place in April 2006 and he was issued with a deposit slip in line with usual banking practices.

He said that when he got to the examination centre in April 2006, he was barred from writing the exam by officials of WACOS who claimed that “the WACOS had no proof of my payment”.

He said he was advised by the officials to go and regularise the registration fee with the bank and to work towards sitting for the October batch of the examination. He said he went back to the bank and requested to be issued with another payment slip in respect of the same payment.

Anyagham explained further that on June 21, 2006, he received a letter from WACOS seeking clarification from him as regards his payment for the examination scheduled for October 2006. But he said to his frustration, when he arrived at the examination centre in October 2006, he was made to know that he had not been shortlisted among those expected to take part in the examination.

He said that in view of the importance of the exam to his employment, he had to persuade the officials to allow him pay on the spot, adding that when they eventually conceded after much persuasion, he had to resort to borrowing money from by-standers to pay for the examination.

But he said, “When the result was released, I expectedly failed, having expended so much energy and wasted precious time before being allowed into the examination hall and consequently my employer terminated my appointment.”

Anyagham had therefore sued First Bank for “actionable negligence”, claiming N49,982 as special damages, the refund of N14, 000 paid for the exam and N200m as general damages.

The lower court, after hearing the case, gave judgment in favour of the applicant and had awarded N7m against the bank.

However, displeased with the decision of Justice Okoronkwo, First Bank approached the appellate court asking that the said judgment be upturned.

The bank insisted that the lower court erred in law when it held that it was liable for negligence and non-remittance of the respondent/applicant’s payment to the examination body. The bank also insisted that the lower court erred by awarding N7m to the medical doctor.

However, the appellate court in a lead judgment by Justice Raphael Agbo, which was unanimously supported by Justice Peter Ige and Justice Frederick Oho upheld the decision of the lower court in its entirety.

Justice Agbo held, “It is elementary or rather commonsensical to observe in the circumstances of this case that payment into a designated account, such as the one provided to the general members of the Nigerian Medical Association, which had the names of other medical doctors completely written out but clearly omitting that of Dr. Anyagham, shows negligence on the part of First Bank.

“I am in agreement with the learned trial judge in his findings at page 94 lines 14 to 21 of the printed records of appeal where he concluded that omitting the name of Dr. Anyagham in Exhibit “L” is indicative of negligence on the part of the bank.”

While upholding the judgment debt of N7m against the bank, the appellate court further awarded an additional cost of N50, 000 in favour of the respondent/applicant.