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PortHarcourt --His Lordship, Hon. Justice Polycarp I. Hamman of the National Industrial Court of Nigeria, sitting in Portharcourt on Tuesday 25th September, 2018 in a ruling dismissed preliminary objection filed by ACM OF NIGERIA LIMITED (Defendant) challenging the jurisdiction of the court to hear the suit brought by MR. AMADI CHARLES BOB MICHAEL (claimant) for lacking merit and hold that the suit is clearly ripe for trial that it is too late in the day for the Defendant to rely on the provision of the Offer of Employment in urging the court to strike out the matter or even to refer same to arbitration.
The Claimant initiated this suit by way of Complaint and Statement of Claim (Facts) dated and filed on 8th February, 2018 claiming against the Defendant among others; A declaration that the termination of the Claimant’s employment by the defendant is wrongful, unlawful, illegal, null and void and of no consequences same having been done without regard to the contract of service and laws governing employers and employees. A declaration that the continuous seizure and detention of the claimant’s ORIGINAL professional certificates such as BOSIET and CERTIFIED HABITAT is wrongful, illegal, unlawful and unwarranted and an order directing the defendant to release the said certificates to the claimant forthwith.
Likewise, The sum of Ten Million Naira (N10,000,000.00) being and representing general damages for the untold hardship, loss of job, trauma, deprivation, pains, inconveniences, stress, etc. suffered by the claimant as a result of the unlawful and wrongful actions of the defendant.
The Claimant when served with the Defence processes filed a Reply to Defendant’s Statement of Defence together with Additional Statement on Oath. It is instructive to state that, the Defendant also filed a Notice of Preliminary Objection.
The Defendant/Applicant equally supported the Application with a Written Address distilled sole Issue for the determination Whether this Honourable Court has jurisdiction to entertain the Claimant’s suit based on the terms and conditions of the contract made between the parties.
The learned defendant/Applicant’s counsel submitted further that, in the instant case parties had agreed vide the offer of employment to settle disputes arising out of the contract amicably and where amicable settlement cannot be achieved, the dispute shall then be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act.
The Defendant/Applicant therefore urged the court to resolve the lone issue in its favour and strike out the suit with cost for being an abuse of court process, to enable the parties to go to Arbitration as provided in the Contract Agreement.
While arguing the sole issue, learned counsel for the Claimant/Respondent submitted that, it is the Statement of Claim filed before the court that determines the jurisdiction of the court. That it is a gross misconstruction of the law to argue that an arbitration clause in the conditions and terms of service will deprive the court of its constitutional power to assume jurisdiction in this case. That the conditions and terms of service is a contractual document between the parties which cannot deprive any party the right to seek legal remedy in the event of breach.
After reviewing the argument of both parties, the Court Presided by HON. JUSTICE P. I. HAMMAN expressed thus;
“It is therefore my considered opinion that the Defendant has filed pleadings in this suit thereby joining issues with the Claimant. The suit is clearly ripe for trial. The Defendant has therefore taken steps in this matter and I think it is too late in the day for the Defendant to rely on the provision of the Offer of Employment in urging the court to strike out the matter or even to refer same to arbitration. I so find and hold.
“In the circumstances of this case, it is my decision that since the Defendant/Applicant has joined issues with the Claimant/Respondent by filing its Statement of Defence together with other processes, the Defendant has taken steps in the proceedings. I find that this application is unmeritorious and same is liable to be dismissed.
"Consequently, the application is hereby refused and the court shall assume jurisdiction in this matter. The application is hereby dismissed and the matter shall accordingly proceed to trial." His Lordship ruled.
