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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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Termination Of Employment: Industrial Court Dismisses Suit Against Ekiti State Judicial Service Commission For Being Statute Barred


967 Wednesday 14th November 2018

 

Akure --His Lordship, Hon. Justice A. A. Adewemimo of the National Industrial Court of Nigeria, Sitting in Akure, Ondo State on Wednesday 14th November 2018 in a judgment upheld preliminary objection and dismissed suit filed by AKEREDOLU FOLA ANTHONY (claimant) against EKITI STATE JUDICIAL SERVICE COMMISSION (defendant) challenging his termination of employment for being statute barred in accordance with the Public Officer Protection Act.

 

The Claimant on the 21st of June, 2018, sought against the Defendant among others; A Declaration that the termination of the employment of claimant by the defendant without justification is wicked, illegal, unconstitutional, wrongful, null and void of no effect whatsoever. Likewise, An order of this Honourable Court directing the defendant to reinstate the claimant and pay all his entitlements since his employment was wrongfully terminated forthwith.

 

The Defendants filed a motion on notice dated 4th July, 2018 challenging the jurisdiction of this court on the grounds that the Claimant’s action is statute barred as same offends some provisions of Public Officers Protection Act.

 

The defendant also formulated for determination Whether or not the failure of the claimant who is contesting his dismissal from the service of the Ekiti state judiciary, to attach the letter of dismissal issued to him by the defendant has not rendered his case incompetent and thereby rob this honourable court of the required jurisdiction.

 

Counsel submitted that the Public Officers Protection Act stipulates the time limit within which a party can seek redress against public officers. He argued that it is clear that the Claimant was dismissed from the service of the Ekiti State Judiciary on 13th May 2013, while the instant action was filed at the registry of this court on the 21st of June, 2018, almost five years after the cause of action arose.

 

In conclusion, counsel urged the court to dismiss the claimant’s case in its entirety with substantial cost for being statute barred a situation which has robbed this court of jurisdiction.

 

In response to the preliminary objection, Claimant’s counsel argued that the action of the claimant is not statute barred because the dismissal of the claimant by the defendant was done in bad faith and without any semblance of legal justification.

 

Counsel urged the court to resolve the sole issue in favour of the claimant and dismiss the application of the defendant in the interest of justice.

 

After carefully considered all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice A. A. Adewemimo expressed thus;

 “The law is clear that an action is said to be statute barred when there is a limited period within which an action can be brought by the provision of the law or an enabling statute.

 

“On the limitation period, a cursory look at the Complaint before this Court shows that the matter was filed on the 21st of June, 2018 and it is also clear from the processes filed by the claimant in this application, by his own counter affidavit, that the cause of action arose on the 13th of May, 2013, that was when he was given a letter of dismissal from the Ekiti State Judicial Service Commission. A comparism of the two dates shows a period of about 5 years before the Claimant instituted this action in Court as opposed to the 3 months prescribed by the Act.

 

“This case is therefore statute barred, having been instituted outside the three (3) months statutorily prescribed period, I so find. In all, I hold the Claimant’s case is statute barred having been caught by Section 2 (a) of the Public Officers’ Protection Act, LFN 2004, and the court lacks the jurisdiction to entertain same.

 

“Consequently, the Defendant’s preliminary objection succeeds, this suit is hereby dismissed for want of jurisdiction. I so hold.” Justice Adewemimo Ruled.

 

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