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His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, Abuja division on 23rd February, 2018 in a judgment struck out suit in the case of Mr. Dirisu Timny Aliu v. National Youth Service Corps for statute barred.
This action was commenced by the Claimant via complaint filed on 24th day of December, 2014 at the Registry of this court in Abuja. The Claimant is contesting the validity of his compulsory retirement from the service of the NYSC.
In the motion on notice for preliminary objection the, Defendant/Applicant sought for an order dismissing the suit for want of competence and jurisdiction on the ground that the suit constitutes an abuse of court process as the Honourable Court is functions officio and that the suit is statute barred having been over one year three Months and seven days after the accrual of the cause of action and that this Honourable Court has no jurisdiction to entertain same.
After reviewing the argument of the parties, the Court Presided by Hon. Justice Sanusi Kado, had this to say:
I have carefully considered the processes filed, the arguments and submissions of the parties on the preliminary points that arose in the cause of this trial.
It is without any doubt that the two statements of facts reproduced above have established that the cause of action in the two suits is the same i.e contesting validity of compulsory retirement
In the considered Ruling of 14/12/2014, i.e Exhibit ‘A’ this Court found that the Claimant had not complied with condition precedent to approaching the Court and as such the case was premature and has robbed the Court the jurisdiction to try it.
The Court upheld the preliminary objection and dismissed the case. The only option opened to the Claimant is to file an appeal against the decision and not to file a fresh action. The fresh action will amount to an abuse of the process of this Court. The Claimant has copiously submitted that the Ruling being a decision on preliminary objection cannot operate to preclude this Court from entertaining this action, as the entire claim has not undergone trial and the decision of the Court was not final to make the Court functus officioo. This submission is a complete negation of the approved test of determining a final or interlocutory decision i.e nature of order and not nature of proceeding as approved by the Supreme Court in EBOKAN’S case (supra).
The Claimant in this suit has made a fruitless journey by filing a fresh suit on the same cause of action that has been dismissed instead of filing an appeal to the Court of Appeal to have the order upturned/setting aside. I have no power to revisit, review or sit on appeal on what had been decided. Even if the ruling of 14/12/14 was a nullity I have not been asked to set it aside. In view of the foregoing, the ruling of this Court made on 14/12/2014, as it stands will operate to preclude this Court from entertaining this suit. I so hold. Issue one has been resolved in favour of the Defendant/Applicant.
In view of the foregoing, the preliminary objection succeeds. This Court is functus officio in respect of this suit in view of the ruling of 14/12/14. Also the suit is statute barred for having been commenced beyond the period allowed by section 2(a) of the Public Officers Protection Act.
Consequently, this suit is hereby struck out.
Judgment is entered accordingly.
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