The Presiding Judge, Calabar Judicial division of the National Industrial Court, His Lordship, Hon. Justice Sanusi kado on Monday struck out a suit filed by Victor Umoh and two others over alleged unlawful employment termination against the Zonal Command Officer, Sector Commander and Corps Marshal, Federal Road Safety Corps (FRSC) for being incompetent.
The Court held that the failure of Victor Umoh and 2 others to prove that they served a pre-action notice on the FRSC before instituting the suit rendered it incompetent that the provisions of the FRSC Act 2007 clearly stated steps that needed to be complied with before a suit can be instituted against the agency.
From facts, the defendants in their objection through their counsel, Chinwe Mgbafor Esq had argued that the suit should be dismissed and urged the court to strike out the names of the second and third defendants as they were non-juristic persons and the court lacked jurisdiction to entertain the suit due to non-service of pre-action notice.
The defense counsel maintained that the FRSC complied with due process before terminating the appointment of Victor Umoh and 2 others.
In opposition, the claimants' counsel, Ituen Okpono Esq submitted that the counsel he took over the case from had filed a pre-action process and his clients been in court was neither premature nor an abuse of court process, urged the court to discountenance the submission of the defense.
Delivering the ruling via virtual proceeding, the presiding judge, Justice Sanusi Kado held that claimants’ action of non-service of a pre-action notice which was a requirement, to notify the agency of their decision to commence an action against them meant that they failed to comply with the FRSC Act.
The Court struck out the suit for being incompetent and awarded no cost.