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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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KEMEWEIKUMO MANGI V. CHEVRON NIG LTD: Industrial Court Dismisses Preliminary Objection, Orders Suit To Proceed For Trial


1006 Monday 22nd October 2018

 

Yenagoa --His Lordship, Hon. Justice B. A. Alkali of the National Industrial Court of Nigeria, sitting in Yenagoa on Monday 22nd October 2018 in a ruling dismissed preliminary objection challenging the jurisdiction of the court to hear the suit filed by KEMEWEIKUMO GEORGE MANGI against CHEVRON NIGERIA LIMITED and ANORordered the matter to proceed for trial.

 

The Claimant instituted this action vide a Complaint dated 20th February 2018. The Claimant’s claims against the Defendants among others: A DECLARATION that the Claimant’s dismissal or termination as a security personnel of the 1st Defendant on the basis of the criminal allegation and charges labeled against him without the outcome of the trial process is wrong.  AN ORDER awarding the sum of Two Million, Eight Hundred and Ninety-Four Thousand, Eighty-Two Naira, Seventy-Five Kobo (N2,894,082.75)  in favour of the Claimant as special damages for salaries and emoluments payable to the claimant from December 2014 to February 2017 when the criminal proceedings against the Claimant were dismissed.

 

The 1st Defendant filed a Notice of Preliminary Objection dated 28th day of May 2018 and filed on the same date. The application is brought pursuant to Rules of the National Industrial Court of Nigeria 2017. The 1st Defendant/Applicant is praying for AN ORDER striking out the Claimant/Respondent’s entire claim against the 1st Defendant/Applicant for not disclosing a reasonable cause of action against the 1st Defendant. Alternatively, an order striking out the Claimant/Respondent’s suit against the 1st Defendant/Applicant for being incompetent having failed to comply with the mandatory provisions of Order 3 rule 12 (1) and rule 13, of the National Industrial Court of Nigeria (Civil Procedure) Rules 2017.

 

That a consideration of the Claimant/Respondent’s claim clearly indicates that the subject matter is founded on an alleged contract of employment, the existence of which the Claimant has not shown by way of a letter of employment, conditions of service or letter of promotion or any other document that governs the alleged employment relationship, and which specifies the terms and conditions of the employment.

 

The Claimant/Respondent filed a Reply on Points of Law to 1st Defendant/Applicant’s Notice of Preliminary Objection. On whether this court has jurisdiction to try this matter, counsel submits that once a Preliminary objection to the jurisdiction of court is based on the pleadings filed by the claimant, the court is usually enjoined to look at the statement of claim alone in order to determine whether or not the originating process donates jurisdiction to it.

 

On whether this suit discloses any reasonable cause or action, It is the submission of counsel that the claimant has shown a reasonable cause of action inuring to him by virtue of his employment by the defendants and subsequent sack without notice.

 

Therefore urge this court to discountenance the applicant’s notice of preliminary objection.

 

After reviewing the argument of both parties, the Court Presided by Hon. Justice B. A. Alkali expressed thus;

 “I felt its unfair to shut the door for the Claimant at this stage just because of his failure to attach his appointment letter together with the complaint. Its better for this court to hear both parties on merit after adducing credible evidence. Moreover, the draftsman envisaged this type of situations and rule provided “if any”. And by sections 254 C (i) (k) of the constitution of the Federal Republic of Nigeria 1999 (as amended) and section 7 (i) (a-c) of the National Industrial Court Act, 2006 vested this court with the requisite jurisdiction to entertain this matter.

“In view of the foregoing facts as enumerated ab-initio, I resolved the second issue for determination in favour of the Claimant/Respondent and hold that this suit has disclosed a reasonable cause of action against the defendant as averred by the claimant in his statement of claim. And the court has the requisite jurisdiction to entertain this suit.

“The Preliminary Objection is hereby dismissed for lacking in merit. I ordered that this matter go into trial." His Lordship ruled.