Industrial Court Dismisses Preliminary Objection, Orders Joinder of Halogen Security As Party To Suit

• 1937 Wednesday 6th June 2018

 

 

Lokoja---His Lordship, Hon. Justice Zaynab M. Bashir of the National Industrial Court of Nigeria, sitting in Lokoja on Wednesday 6th June 2018 in a ruling dismissed preliminary objection, finds reasonable cause of action and ordered the joinder of Halogen Securities Company Ltd as Defendant to the suit ABDUL KAREEM ADAMS & 2 ors Vs. MR. WALE OLAOYE (Managing Director, Halogen Security Company Ltd.) challenging their suspension from work.

 

This matter commenced via a general form of Complaint filed on the 13^th of November, 2017. The Claimants are claiming against the Defendant among others:

 

1. A DECLARATION that the oral suspension of the Claimants by the management of the Defendant from the place of work of the Defendant at Federal Inland Revenue Service Office, Lokoja for unsubstantiated allegation of negligence at the place of work is illegal, unconstitutional and null and void.

 

1. AN ORDER directing the Defendant to pay to the Claimants, without further delay, the sum of Nine Hundred Thousand Naira (N900,000.OOk) only, being the outstanding salaries due to the Claimants as the Defendant’s security men stationed at Federal Inland Revenue Service, Lokoja branch.

 

 

• AN ORDER directing the Defendant to immediately ask the Claimants to return to their duty post at Federal Inland Revenue Service, Lokoja branch or any other place of the Defendant’s choice.

 

On the 16^th of January, 2018, the Defendant then filed a motion on notice submitted that the Claimants who have not disclosed any substantial interest or legal right in their favour against the Defendant, do not have the requisite locus standi to sue the Defendant in this suit.

By way of argument, the Defendant/Applicant also contending that having not employed the Claimants, there is no cause of action whatsoever against the Defendant as presently constituted urged the court to dismiss the suit.

 

After reviewing the argument of the parties, the Court Presided by Hon. Justice Z. M. Bashir expressed thus;

 

From the claim of the Claimants before this court, the court has scrupulously scrutinized the totality of the said claims. It is very clear and needs no hair splitting that the pleadings before the court discloses a reasonable cause of action which would be necessary for the Claimants to prove and I so hold.

I have carefully examined the argument for the defence, I find that the Defendant as presently constituted is the Managing Director of the said Halogen Securities Company Ltd. and as such is a necessary party. It is also the holding of this court that without the joinder of the said Halogen Securities Company Ltd, being another necessary party, this suit cannot be effectively, effectually and completely adjudicated upon. 

 

Consequently, it is the ruling of this court that the presence and involvement of Halogen Securities Company Ltd is not only necessary but crucial and unavoidable for the effective, effectual, exhaustive, complete, and comprehensive adjudication of all claims sought by the Claimants in this matter. 

 

Consequently, I hereby order the joinder of Halogen Securities Company Ltd as Defendant in this suit.

 

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