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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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[Immunity] Industrial Court strikes out case against African Council for lack of Jurisdiction


947 Thursday 11th May 2023

 

Hon. Justice Osat Obaseki-Osaghae of the Abuja judicial division of the National Industrial Court has struck out the case filed by one Maimouna Tall against African Ministers’ Council on Water and its Executive Secretary, Rashid Mbaziira for lack of jurisdiction.


The Court held that by virtue of the Diplomatic Immunities and Privileges Act, the African Ministers’ Council on Water as a recognized International Organization mandated to report annually to the Assembly of the Heads of State and Government of the African Union on the Sharm el-Sheik Declaration cannot be impleaded in the domestic court of a host country, and any legal proceedings brought against a person, body or authority entitled to diplomatic immunity are proceedings without jurisdiction.


From facts, the claimant- Maimouna Tall had sought an order of the Court that the constant harassment, psychological distress, and creation of a hostile environment by the Executive Secretary created an impossibility for her to observe the mandatory 3 months’ Notice of Termination as provided in the Notice of Termination dated 3rd December 2021 thereby resulting to her induced resignation amongst others.


In defense, the 1st and 2nd Defendants- African Ministers’ Council on Water and its Executive Secretary, Rashid Mbaziira filed a motion on notice pursuant to the NICN Rules and Diplomatic Immunities and Privileges Act sought an order to strike out the suit on the ground that they enjoy immunity from legal process in Nigeria being an International Organization by virtue of Headquarters (Hosting) agreement between the Government of the Federal Republic of Nigeria executed by African Ministers’ Council on Water on 17th day of February 2006.


Learned Counsel to the Council, Alfred Iortyaper Essq with Haruna Wada Esq submitted that the Court does not have jurisdiction to entertain suits or employment disputes arising from employment in an international organization hosted in Nigeria or over its foreign officers that enjoy legal immunity.


In opposition, Maimouna’s counsel argued that the Headquarters Hosting Agreement has no force of law in Nigeria, that it's merely an agreement with the Presidency to provide an operational base and not a treaty that confers diplomatic immunity as claimed by the Defendant/Applicants to oust the jurisdiction of the Court.


Counsel argued that having established that the said treaty was not domesticated by the National Assembly as required by the provisions of the Treaties Acts (1993) and the provision of Section 12(1), (2) of the 1999 Constitution of the Federal Republic of Nigeria, urged the Court to strike out the objection and assume jurisdiction.


In its well-considered ruling after careful evaluation of the submissions of both parties, the presiding Judge, Justice Obaseki-Osaghae held that the African Ministers’ Council on Water is an International Organization mandated to report annually to the Assembly of the Heads of State and Government of the African Union on the Sharm el-Sheik Declaration enjoys immunity from suit and legal process and Mr. Rashid Mbaziira as Executive Secretary enjoys total immunity from legal process in the course of exercising his functions with the Council.


The Court ruled that the principal law in Nigeria governing immunities and privileges is the Diplomatic Immunities and Privileges Act CAP D9 LFN 2004 and there is no doubt that the Federal Government has conferred upon the African Ministers’ Council on Water the status of a recognized International Organization. 


Justice Obaseki-Osaghe further stated that under the prevailing law and treaties, African Ministers’ Council on Water and its Executive Secretary, Rashid Mbaziira cannot be impleaded in the domestic court of a host country, and any legal proceedings brought against a person, body or authority entitled to diplomatic immunity are proceedings without jurisdiction; and are null and void unless and until there is a valid waiver which could bring the proceedings to life and invest the Court with jurisdiction.


“I hold that the 1st and 2nd Defendants cannot be impleaded in this Court. This action is not sustainable. The objection succeeds.” Justice Obaseki ruled.

 

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