Reinstatement Claim: Industrial Court Dismisses Suit Against KADUNA REFINERY PETRO. CO. LTD For Being Statute Barred

• 2318 Thursday 5th July 2018

 

 

Kaduna---His Lordship, Hon. Justice E.D.E. Isele of the National Industrial Court of Nigeria, Kaduna Judicial Division on Thursday 5th July 2018 in a ruling dismissed suit filed by BENJAMIN MAGAJI & 8 OTHERS challenging termination of their employment by KADUNA REFINERY PETROCHEMICAL CO. LTD for being statute barred and caught up by the provision of the Public Officer (Special Provisions) Decree.

 

The claimants by a complaint dated 24^th August, 2017, sought the following reliefs; A Declaration that the termination of the employment of the claimants is null and void, A Declaration of the immediate reinstatement of the claimant and The sum of 5 Million (Five Million Naira Only) for general damages And An Order of the payment of their pension till date

 

The defendant/applicant filed a Notice of Preliminary praying for AN ORDER OF THIS HON. COURT DISMISSING this suit for want of jurisdiction on the ground that the Public Officers (Special Provisions) Decree No: 17, 19, 34, also CAP 381 LFN, 1990) has ousted the jurisdiction of this Hon. Court to hear and determine this matter that the claimants’ claim is statute barred.

 

It is the applicant’s submission that since 1999, nothing was done until a demand letter was written in the year 2016. This action was initiated on the 24^th day of August, 2017, as such the claimants had been indolent and the court only helps the vigilants.

 

After reviewing the argument, processes filed and the submissions of learned Counsel for both parties, the Court Presided by Hon. Justice E. D. Isele expressed thus;

 

“It is trite that in determining whether a matter is statute barred or not, the vital consideration is to determine when the cause of action arose.

 

“This reveals that the claimant’s employment was terminated on the 1^st day May, 1999. It is clear that the cause of action arose on the 1^st May, 1999, while this action was initiated in this court on the 24^th day of August, 2017. Between when the cause of action arose, which is 1^st May, 1999 and when this action was commenced is about 18 years.

 

“From the above quote, the claimants ought to have initiated this action within 12 months, this was clearly not done. It should be noted that the claimants waited for a period of 18 years before approaching the court, which is outside the prescribed time limit to file their action, thus their constitutional right to approach the court has lapsed and have lost their cause of action

 

“I hold that, it is crystal clear that the claimants slept over their right for too long and could not agree more with the objector’s submission that the claimants slept over their right and only make up from slumber in 2017 and the court only help the vigilant

 

“Based on the above statutory and judicial authorities, I find and hold that this suit is statute barred and therefore caught up by the provision of section 12 (2) of the NNPC Act CAP 123 LFN 2010 and section 3 (3) of the Public Officer (Special Provisions) Decree N0 17 of 1984 (CAP 381) LFN 1990.

 

“This matter is hereby dismissed.”

 

Full Judgment, Click Here

 

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