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Abuja --His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, sitting in Abuja on Wednesday 3rd October, 2018 in a ruling dismissed suit against The Director General, National Youth Service Corps and 3 others filed by Chinwe Ojukwu challenging her compulsory retirement from service for being statute barred in accordance with Public Officers (Protection) Act.
The claimant took out complaint dated 2nd day of December 2014 and filed on the same day, sought among others: A DECLARATION that the letter dated 28th October 2013 is an atrocious violation of the Public Service Rules 2008 and the NYSC Condition of Service (revised edition of August, 2013) and approved, as the alleged act against the Claimant was discovered since 2011, to the knowledge of the 1st and 2nd Defendants and the said letter of 28th October 2013 is null, void and of no legal consequences whatsoever.
A DECLARTION that the Defendants acts of allowing Claimant to continue to act as the Imo State Coordinator in Batch A NYSC Orientation Camp in Imo State after taking the decision to compulsorily retire her with effect from 3rd day of March 2014 and subsequent payment of Claimant’s entitlement camp duty in Imo State and salary for the Months of March, April, and May 2014 did nullify the purported letter of compulsory retirement from service dated 7th March 2014.
Likewise, AN ORDER reinstating the Claimant immediately to her position and should also be paid immediate all her salaries and entitlement from the date her salary was stopped until judgment is given with 20% interest on such sum of money and 10% on such sum of money from when judgment is given until the Defendants comply with the judgment.
Upon being served with the originating Court processes commencing this suit, the 1st, 2nd –(The Governing Board, National Youth Service Corps) and 3rd (Head of Service of the Federation) defendants/applicants filed two separate motions on notice for preliminary objection.
The first motion on notice for preliminary objection was filed by the 1st and 2nd defendants/applicants. The application prays for an order dismissing the suit for want of jurisdiction and competence on the grounds that the suit is statute barred as same is not instituted within the time statutorily allowed to seek redress.
In the written address Counsel submitted Whether this suit is statute barred, having been filed seven months and twenty four days after the accrual of the cause of action and Whether, in view of the provisions of Section 20 of the National Youth Service Corps Act, Cap. N84, Laws of the Federation of Nigeria, 2004, the suit is premature.
On the ground that the claimant’s action against the defendants/applicants is statute barred by virtue of section 2(a) of the Public Officers (Protection) Act, which requires an action against a public officer must be instituted within three Months of the accrual of cause of action.
The claimant/respondent being dissatisfied with the decision of defendant ought to appeal to presidency the failure by the claimant to appeal (which is a condition precedent), as stipulated in section 20 of the National Youth Service Corps Act, before instituting this action has divested this court with jurisdiction to entertain this suit.
Anthony Itedjere, Esq; counsel for the claimant/respondent submitted that the objection to the defendants/applicants’ preliminary objection is predicated on continuance of damage or injury.
Counsel urged the court to dismiss the preliminary objections with substantial cost and an order for speedy trial.
The second motion on notice for preliminary objection was dated 15/5/2018 and filed on the same day, it prays for an Order of this Honourable Court striking out the name of the 3rd defendant/applicant from this suit for want of reasonable cause of action.
After reviewing the argument of both parties, the Court Presided by Hon. Justice Sanusi Kado expressed thus;
“I agree with the submission of the Applicants that issues of bad Faith, malice, acting outside colours of office or duties is not a relevant consideration at this stage of preliminary objection those issues are questions for resolution if the suit is not statute barred. But, having found that the suit is statute barred for this Court to embark on resolution of those issues will. Amount to academic exercise which a court of law should not embarked upon as it is moot and exercise in futility.
“Consequently, this suit is hereby dismissed for being statute barred.
“This Issue is therefore, resolved against the claimant/applicant, the name of the 3rd defendant/applicant is hereby struck out for not being proper party before the Court due to non-disclosure of reasonable cause of action." His Lordship ruled.
