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His Lordship, Hon. Justice Auwal Ibrahim of the National Industrial Court of Nigeria, Port-Harcourt Division on Monday 19th February, 2018 dismissed preliminary objections in in the case of IGBANIBO SAMUEL INIKO –vs- FEDERAL INLAND REVENUE SERVICE & ANOR
The claimant through his counsel E. G. Aderigha Esq filled an originating summons dated 23rd October, 2017, and supported by an affidavit with attached exhibits and a written address, the claimant among others sought for A DECLARATION that the purported suspension of the Claimant without salary is not (sic) unlawful, illegal, null and void and of no effect whatsoever being contrary to the 1999 Constitution of Nigeria, The Public Service Rules and Regulations, The Federal Inland Revenue Service Code of Ethics Guide Book and the Federal Inland Revenue Service Human Resource Policies and Processes; AN ORDER that the Claimant be placed on interdiction and be paid half of his salary pending when Judgment will be delivered in Charge Number FHN/YNG/39c/14 purported termination of the employment of the claimant by the 3rd and 4th Defendant is unlawful, null and void.
Upon being served with the processes, the 2nd defendant, THE ATTORNEY GENERAL OF THE FEDERATION on 22nd November, 2017 filed a memorandum of appearance and a notice of preliminary objection to the claimant’s suit. The preliminary objection is that the court lacks jurisdiction to entertain the claimant’s suit as presently constituted. The ground of the preliminary objection is that the suit is brought under an obsolete statute. It is accompanied with a written address.
Thereafter, the 1st defendant FIRS on 21st December 2017 filed a notice of preliminary objection dated same date. The objection is that the court lacks the jurisdiction to hear and determine this suit as presently constituted against the Defendant and that the suit be set aside. The grounds for the objection include that The Honourable Court cannot effectively determine this action by Originating Summons as it involves substantial dispute of facts or its likelihood. And Incompetent originating process by which this action is instituted robs the court of its competence or jurisdiction to entertain the matter.
After reviewing the argument of both parties, the Presiding Judge, Hon. Justice Auwal Ibrahim, had this to say:
The rule of court relied upon by the claimant in this case has been replaced by another provision in Order 3 Rule 1 (1)(b) of the National Industrial Court (Civil Procedure) Rules, 2017 which allows the Claimant to bring an originating summons before this Honourable Court. In the circumstance therefore, it is my view, which I so hold that the preliminary objection of the 2nd defendant/applicant lacks merit. I accordingly hereby dismiss same.
On the whole, the two preliminary objections of the 1st and 2nd defendants fail and are hereby dismissed. The matter shall proceed to hearing. I make no order as to costs.
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