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Abuja – His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, sitting in Abuja on Thursday 22nd November 2018 in a ruling granted leave to Audu Yunusa & 116 Ors (claimants/applicants) to file their responses to the defendants’ (The Federal Polytechnic Idah & 7 Ors) preliminary objections within 7 days to file clean copies of their responses to the various applications of the defendants contesting the jurisdiction of this court to entertain this suit.
The applicant via motion on notice filed on 10/9/18, brought pursuant to Order 57 Rule 4(1) & (2) of the National Industrial Court of Nigeria (Civil Procedure) Rules 2017. The application is seeking for An order granting leave to the claimants/applicants to file replies to the defendants’ preliminary objections and processes out of time, the time prescribed under the rules of this Honourable Court having elapsed.
Among the grounds for the application is that the replies to the said processes were ready but the claimants/applicants herein could not make it to Abuja where their office is situated to depose to counter-affidavits in replies to the defendants' motion and objections.
J. O. Apeh, Esq counsel for the defendants/respondent argued that the inadequacies of the affidavit in support have rendered the motion incompetent for non-compliance with NICN RULES 2017.
After careful analysis of the motion on notice, the affidavit in support, and the counter affidavit filed in opposition, as well as the addresses of counsel for and against the grant of the application. The presiding Judge, Hon. Justice Sanusi Kado expressed thus;
“It is pertinent at this juncture to point out that it is not every non-compliance with rules that attract the sanction or penalty of either dismissal or striking out of suit or court process not in compliance with rules.
“In view of the clear provision of the rules referred to above I hereby declare non-payment of appropriate penalty as an irregularity and the claimants are hereby ordered to pay the appropriate penalty.
“In view of all, I have been saying above, the claimants are hereby granted leave to within 7 days from today to file their responses to the defendants’ objections and pay the appropriate penalty fees." Justice Kado Ruled.
