“He who hunts two rats at once will catch none.” — Yoruba Proverb, Nigeria
Across boardrooms and HR departments, a familiar tension persists: how to protect customers and corporate reputation when an employee is accused of misconduct — without breaking the law in the process.
It is the discipline dilemma: the struggle between acting fast to contain reputational risk and acting right to preserve fairness, due process, and legal integrity. Many organisations, especially in banking and services, now find themselves walking this tightrope as customer-facing staff operate under constant scrutiny.
The rush to act
When allegations of fraud, negligence, or misconduct arise, the instinct is to move quickly — suspend, dismiss, or publicly distance the company before the facts are verified. In an age where bad news spreads in minutes, that instinct is understandable. Yet the Yoruba proverb warns: he who hunts two rats at once will catch none. Employers who chase both speed and control often end up with neither — the customer remains unsatisfied, while the organisation faces litigation, union pushback, or reputational backlash for unfair treatment.
The legal landscape
Nigerian courts have steadily clarified what lawful discipline requires.
In Olanrewaju v. Afribank Nig. Plc (SC 109/1996; [2001] NGSC 22), the Supreme Court held that while an employer in a “master-and-servant” contract may terminate employment at any time, dismissal for misconduct must still follow the agreed procedure and principles of fair hearing. Failure to do so renders the termination wrongful and exposes the company to damages.
The Court of Appeal echoed this in NBC Plc v. Ekpo (2020), affirming that although reinstatement may not be available where employment lacks statutory flavour, disciplinary action must nevertheless comply with contractual and procedural fairness.
A more striking illustration came in Ifeatu Anthony Emodi v. Diamond Bank Plc (NICN/EN/11/2018; judgement delivered 13 August 2024). The claimant, a bank officer, was invited to a disciplinary panel over allegations of misconduct but was given inadequate notice and unclear particulars of the charge. The National Industrial Court found that he had been denied a fair hearing, set aside the dismissal, reclassified it as voluntary retirement, and awarded two years’ salary as damages. The court stressed that even where allegations are serious, speed cannot replace fairness.
These precedents together deliver a single message: discipline without due process is both unlawful and unwise. Acting rashly to appear decisive may satisfy the crowd but not the court.
“Employers who chase both speed and control often end up with neither — the customer remains unsatisfied, while the organisation faces litigation, union pushback, or reputational backlash for unfair treatment.”
Why 2026 matters
As 2026 approaches, frameworks such as the Nigeria Data Protection Act 2023 and the Financial Institutions’ Code of Corporate Governance are tightening expectations of procedural accountability. A single mishandled disciplinary case — especially one involving customer data or reputational harm — can now invite regulatory scrutiny and shareholder concern.
For organisations that outsource parts of their workforce, the risk doubles. The Labour Act and ILO Convention 181 make clear that outsourcing does not transfer business risk: both the client company and the service provider must uphold due process. Ignoring that distinction has already led to costly settlements and damaged partnerships.
What leaders must do
To prepare for 2026, every organisation should:
Institutionalise due process: Establish disciplinary panels, including HR, legal, and operations. Their role is to ensure fairness and defensibility.
Document everything: Queries, responses, and decisions must be traceable. In disputes, documentation speaks louder than intention.
Train supervisors: Front-line managers often react emotionally under pressure. Equip them with legal awareness and escalation protocols.
A question of values
Discipline is not about punishment; it is about integrity in motion. An organisation that insists on fairness sends a clear message to both employees and customers: we are guided by principles, not panic. In an era where every decision can go viral, lawful discipline becomes a reputation asset, not a bureaucratic delay.
As we look into 2026
The Yoruba proverb endures because it speaks to human nature: impatience clouds judgement. In chasing two rats, speed and control, we risk catching none. The lesson for 2026 is simple: act swiftly when necessary, but never without structure. With patience, documentation, and respect for the rule of law, organisations can protect both customers and conscience.
As 2026 beckons, leaders must choose to act not merely fast, but rightly.
Dr. Olufemi Ogunlowo is the CEO of Strategic Outsourcing Limited, a leading provider of personnel and business process outsourcing services in Nigeria. He is also a regular columnist on employment and workforce strategy.
