The National Industrial Court sitting in Port Harcourt has ordered the Central Bank of Nigeria (CBN) to immediately remove the name of a woman identified as Blessing from its blacklist, restoring her eligibility for employment in Nigeria’s financial sector.
Delivering judgment, Justice Zaynab Bashir held that the continued blacklisting of the claimant was inconsistent with the CBN’s own Revised Guidelines for Blacklisting for Banks and Other Financial Institutions in Nigeria, and violated principles of fairness, transparency, and accountability.
The case was instituted by Blessing, who told the court that she was never informed of the specific reasons or evidence that led to her inclusion on the CBN blacklist. She said she only became aware of the issue through her employer, Fidelity Bank, from whom she later resigned while the matter was unresolved. Her counsel stated that she made formal requests to both Fidelity Bank and the CBN for clarification, but received no substantive explanation, aside from being informed that an internal investigation was ongoing.
Fidelity Bank, the first defendant, opposed the suit and urged the court to strike it out for lack of jurisdiction. The bank argued that prior to the termination of Blessing’s employment, she was confronted over alleged misconduct, which it said justified its decision to report her to the regulator in order to protect the integrity of the financial system. It also claimed that the claimant failed to approach the court with clean hands, alleging suppression of material facts.
The Central Bank of Nigeria also challenged the court’s jurisdiction, arguing that matters relating to its regulatory functions fall under the exclusive jurisdiction of the Federal High Court. The CBN further argued that the claimant failed to prove that her name was placed on any blacklist and described her claims as unsubstantiated.
In response, Blessing’s counsel, A. I. Salami, argued that the case related directly to her right to work and employment within the financial sector, which falls within the jurisdiction of the National Industrial Court. He also maintained that both defendants failed to provide evidence justifying the blacklisting decision, and urged the court to grant the reliefs sought.
In its ruling, the court dismissed the preliminary objections filed by Fidelity Bank and the CBN, holding that disputes involving federal agencies connected to employment and labour relations fall within the exclusive jurisdiction of the National Industrial Court.
On the substance of the case, Justice Bashir held that under Clause 7.0 of the CBN Revised Guidelines, misconduct alone is not sufficient to justify blacklisting unless it meets a threshold of seriousness supported by credible and verifiable evidence. The court found that no such evidence was placed before it to show that Blessing’s alleged conduct caused significant harm to Fidelity Bank or its customers, or that it amounted to a grave offence warranting blacklisting.
The court further noted that Fidelity Bank appeared to have facilitated the termination of Blessing’s employment through her direct employer and subsequently subjected her to blacklisting without following due process. It also held that there was no record of any offence directly linking her to conduct that would justify inclusion on the CBN blacklist under the applicable guidelines.
Justice Bashir added that while Fidelity Bank alleged multiple instances of misconduct, only one incident was presented in court, and even that failed to meet the evidentiary threshold required for blacklisting under the regulatory framework.
Accordingly, the court ordered the CBN to remove Blessing’s name from the blacklist without delay.