Just In: Industrial Court Upholds Preliminary Objection, Dismisses Suit for Lack of Jurisdiction

• 1843 Thursday 22nd February 2018

 

 

His Lordship, Hon. Justice Auwal Ibrahim of the National Industrial Court sitting at Port-Harcourt on Thursday 22^nd February 2018 in a ruling dismissed suit in the case of COMRADE TONY NWAOBAKATA & ANOR v. COMRADE EMENIKE OSIGOR & 3 ORS for lack of jurisdiction.

 

The Claimants counsel M.N. Osi Esq approached this Honourable Court by filing a Complaint dated 31^st October, 2017 and in the Statement of Facts they sought among others; An order restraining the 1^st Defendant from acting in the capacity of Chairman of the Nigeria Welders Association, Omoku Unit as purportedly appointed via the illegal undated letter of appointment throughout the second tenure of the 1^st Claimant.

 

Furthermore, the defendants through their counsel C.U. Amadike Esq filed a Notice of Preliminary Objection praying the Honourable Court for an order striking out the suit for want of jurisdiction and competence. The grounds of the objection not limited to the fact that the subject matter is outside the jurisdiction of this Honourable Court as stipulated in Section 254C [1] of the Constitution of the Federal Republic of Nigeria 1999 [as amended].

 

After reviewing the argument of the parties, the Court Presided by Hon. Justice Auwal Ibrahim, had this to say:

 

I have carefully considered the processes filed, the arguments and submissions of the parties on the preliminary objection raised by the learned defendants’ counsel challenging the jurisdiction of this Honourable Court to entertain and hear this suit.

 

On the whole, I find merit in the preliminary objection of the Defendants’ as I find and hold that the court cannot entertain the suit as it is presently constituted. It is accordingly hereby struck out. I make no order as to costs.

 

Ruling is entered accordingly.

 

For Full Ruling, Click Here

 

 

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