A former First Vice President of the Nigerian Bar Association (NBA) Mr Ikeazor Akaraiwe, SAN, has weighed into the forced resignation of a young lawyer as a Trust Associate at a financial institution, Capital Express Global Trustees Limited, Lagos, following his refusal to take part in the organisation’s morning devotion.
Reacting to the development which has drawn sharp criticisms from various quarters particularly since the lawyer, Unique Eke, a Jehovah’s Witness was not notified about the company policy of compulsory morning devotion before his employment, Akaraiwer, SAN said:
“Failure to disclose, in the letter of employment, that morning devotion is compulsory taints the employer’s insistence on compulsory attendance with illegality.
“The employee might have a cause of action against the employer especially in the light of the email received one day after his “forced” resignation to the effect that he was sacked for poor productivity or words to that effect.”
Likewise, Mr Dele Aloko, a top HR Professional and Management Consultant had this to say.
“As an HR Professional, I find so many things wrong with this episode.
- Compelling attendance at an event that was not made a term of his contract of employment.
- Breach of his right to freedom of association and faith.
- No visible involvement of HR in the process. Clearly, HR is weak or non existent. This is sadly, all too common in the financial sector in Nigeria
- Purporting to terminate the employee after his resignation (clearly an afterthought, after they realized their error)
“The resignation letter shows that the employee is aware of his rights that have been infringed. I hope he pursues an action to enforce them.”
Unique Eke’s predicament brought the conflict between religious beliefs and workplace ethics when Capital Express Global Trustees Limited on Thursday forced him to resign from his appointment over his refusal to participate in the compulsory daily 20-minute morning devotion in the office.
Although nothing in Unique Eke’s appointment letter spelt out certain religious regulations every staff member must abide by, nor was he informed by other means at the time of his employment that refusal to comply with the company’s unwritten religious policy could cost him his job, Eke was instructed by the company’s Group Managing Director (GMD), Obaleke Olufemi to tender his resignation since he (Eke) maintained that his religious belief restrains him from participating in the morning devotion.
Trouble began for the lawyer, a Jehovah’s Witness on Wednesday, November 13, 2024, when he was summoned to the office of the GMD accompanied by other top staff members Mr. Olufemi Kalejaiye and Mrs. Oyinposola Akinsulie.
After expressing his annoyance over Eke’s continual absence at the morning devotion, stressing that it is intrinsic to the organisation’s ideology, he advised Eke to tender his resignation immediately if he could not comply with the policy.
On being summoned again by the GMD on Thursday, Eke’s moves to explain how the policy conflicts with his personal convictions as well as his request for some time to consider the directive was refused as Mr. Olufemi insisted on a letter of resignation by 9:00 a.m. on of the same day.
A part of his resignation letter of November 14, 2024, reads:
“Further to the directives of Mr. Obaleke Olufemi, the General Managing Director, I hereby tender my resignation from the employment of Capital Express Global Trustees Limited as a Trust Associate.
“On November 13, 2024, at about 8:15 a.m., Mr. Olufemi, in the company of Mr. Olufemi Kalejaiye and Mrs. Oyinposola Akinsulie, expressed disgust at my exercise of the right to be excluded from the office morning devotion, a religious activity which I chose not to participate in. He thereafter directed me to submit my resignation, effective immediately.
“On November 14, 2024, at about 8:00 a.m., I met with Mr. Olufemi in an attempt to explain the reason for my refusal to participate in the religious activity. After our discussion, he reaffirmed his earlier directive and advised me to comply with it on or before 9:00 a.m.
“Notwithstanding the above, I am grateful for the opportunity to have worked here. Thank you…”
Interestingly however, Eke got an email from the company stating that his services were no longer required as his “performance” had been found “to be grossly below acceptance levels.”
This development has led some public affairs analysts to question whether a premium should be placed on competence or certain religious practices or both in organisations.
