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[Just In]NUT vs. IBRAHIM GARBA and 7 ORS: Industrial Court Dismisses Motion on Notice For Lacking Merit
Sokoto---His Lordship, Hon. Justice K. D. Damulak of the National Industrial Court of Nigeria, sitting in Sokoto on Wednesday 20th June 2018 in a ruling dismissed motion on notice brought by NGERIA UNION OF TEACHERS (KEBBI STATE WING) against IBRAHIM GARBA and 7 others for lacking merit.
This ruling is predicated upon a motion on notice by the claimant seeking for AN ORDER of the Honourable Court directing that proper account be taken in respect of monies paid to the defendants/ respondents in suit NO.NICN/KN/17/2015 by the Kebbi State Government from October 2009 to October 2013 and AN ORDER of the Honourable Court directing the Accountant- General of Kebbi State to prepare and produce before the court, certified copies of all records, vouchers and schedules of payment made to Conference of Secondary School Tutors, also known as Academic Staff Union of Secondary Schools (ASUSS/COSST) Kebbi State chapter from October 2009 to October, 2013.
The respondents asked whether the applicant has established that the monies collected by the respondents were collected on behalf of the applicant to warrant this court making an order to take account and Whether this court can make an order against a person who is not a party to the case.
The claimant submitted that part of the reliefs sought by the claimant involves the recovery of various sums of money collected by the defendants as check-off dues from October 2009 to October 2013 and by the applicant’s calculation, the respondents receive the sum of 133,566.800.00 as check-off dues within the period under review.
The defendants also posited that the claimant/applicant has no legal or moral ground to demand for account to be taken of the moneys deducted from the salaries of kebbi state secondary school teachers who mandated the 1st -7th respondents to act on their behalf and therefore urged that granting this application will result in this court determining the substantive case at interlocutory stage.
Counsel submitted further that the accountant-General is not a party in this case and so the court lacks the jurisdiction to grant payer 2 sought by the applicant.
Counsel submitted further that there are preliminary questions to be tried and resolved before this court can make any such order.
After reviewing argument of the both parties, the Court Presided by Hon. Justice K. D. Damulak expressed thus;
“…I therefore agree with the respondents that granting the application at this stage will amount to the court determining part of the substantive case, which relates to the question of which of the parties has the legal right to the check-off dues collected from 2007 to 2013, at an interlocutory stage. The application must fail on this ground and I so hold.
“On the second prayer, the defendants have contended that the Accountant- General of Kebbi State is not a party to this suit and this court lacks the jurisdiction to make an order affecting him in his absence.
“There is no gainsaying the fact that the Accountant – General of Kebbi State is neither a party to this suit nor to this application. The law is trite that a court lacks the power to make an order against a person who is not a party to the proceedings and so have not been heard by the court.
“If the intention of the claimant is for a subpoena duces tecum to issue on the Accountant – General of Kebbi State, then the claimant has adopted the wrong procedure and it is the duty of learned counsel to do the right thing. A subpoena duces tecum is not applied for by a motion on notice.
“On the whole, this motion is lacking in merit and is hereby dismissed.” His Lordship declared.
