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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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Flash: Industrial Court Upholds Preliminary Objection, Dismisses Suit Against NNPC for Incompetency


978 Monday 19th March 2018

 

 

His Lordship, Hon. Justice Bashar Alkali of the National Industrial Court of Nigeria, Yenagoa judicial division on 19TH March 2018 in a ruling dismissed suit against NNPC for incompetency in the case of MR. GODFREY IFENUAGUATA UGURU AND NIGERIAN NATIONAL PETROLEUM CORPORATION and ANOR

 

The Claimant MR. GODFREY IFENUAGUATA UGURU who was formally in the service of the 2nd Defendant (Eleme Petrochemical Company Ltd) which is a subsidiary of the Nigerian National Petroleum Corporation (1st Defendant) claimed that his appointment was abruptly terminated without due consideration of the relevant laws guiding his employment.

 

His employment letter was dated 20th May, 1991. The Claimant was in the service of the 2nd Defendant from 1991 to 2003. After spending about twelve years and three months in the service of his employer, his appointment was terminated through a letter dated 18th September, 2003, after he was issued with a query on the 14th April, 2003 for refusing to declare his NCE Certificate at the point of employment.

 

The Claimant approached the court on the 26th February, 2016 via his general form of complaint, The reliefs claimed inter alia as follows; A declaration that the purported termination of the Plaintiff’s employment with the 1st and 2nd Defendants is unlawful, null and void and of no effect, and A declaration that the allegations of the 1st and 2nd Defendants against the Plaintiff for non disclosure of his NCE Tech Certificate prior to employment into the NNPC/EPCL, and gaining access to confidential file and fraudulently inserting NCE Tech Certificate on some of the documentation forms is false and baseless having regard to the facts and circumstances of this case.

 

The bottom-line of this case is that the 1st Defendant/Applicant desires that this suit against the 1st Defendant be dismissed for lack of jurisdiction, It having become statute-barred by virtue of section 12 (1) of the NNPC Act, LFN 2004 which prescribed the limitation period within which to institute any action against the 1st defendant within 12 months next after the act, neglect or complain or in the case of a continuance of damage or injury, within 12 months next after the ceasing thereof.

 

Furthermore, that by the provision of section 12 (2) of the same NNPC Act 2004 it provides that no suit against the 1st Defendant shall commenced before the expiration of one month after written notice of intention to commence the suit have been served upon the 1st defendant by an intending claimant or his agent (pre-action notice).

 

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

 

I have carefully read and understood all the processes filed by the Learned Counsels on either side, I also perused and analysed the Written Addresses filed by both parties including the averments contained in both the supporting and opposing affidavits including the oral submissions by both counsels.

 

One striking thing is that up to this moment the Claimant has not furnish this court with the said employment policy of the NNPC which he cited.

 

Before I draw the curtain and for the avoidance of doubt I hold that the suit against the NNPC is in competent and also stale.  The Preliminary Objection succeeds and consequently the suit against the NNPC is hereby dismissed.

 

Ruling is hereby entered accordingly.

 For Full Ruling, Click Here…