Industrial Court Dismisses Suit Against National Identity Management Commission For Being Statute Barred

• 1921 Tuesday 11th December 2018

 

Kano – The presiding Judge of Kano Judicial division of the National Industrial Court of Nigeria, His Lordship, Hon. Justice E. D. E. Isele on Monday 11th December 2018 in a ruling dismissed the suit filed by ASHIRU IBRAHIM MUHAMMED (claimant) against NATIONAL IDENTITY MANAGEMENT COMMISSION and one other (defendants) for being statute barred.

 

By the Notice of preliminary objection dated 13^th February, 2017 and filed on 16^th February, 2017 the defendants/objectors prayed this court to dismiss suit for want of jurisdiction on the ground that the suit commenced by the claimant against the defendants on 7^th September 2016, to enforce the cause of action that allegedly arose sometimes on the 25^th day of May, 2015 is statute barred and not maintainable before this honourable Court.

 

Furthermore, that the claimant case against the defendants as presently constituted, discloses no reasonable cause of action as required by law, and that the disclosure of the requisite cause of action is a condition precedent to the competence of the suit/admission of the witnesses’ statements on oath for trial.

 

In opposition, the counsel to the submitted that the section of the Public Officers Protection Act cited by the defendants/objectors is not applicable to the instant case and cannot, therefore, operate to bar the present action of the claimant/Respondent given the nature of the defendants and circumstances of the action.

 

After careful analysis of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice E. D. E. Isele expressed thus;

 

“I must point out to the learned counsel to the claimant/respondent that the law is that limitation of action laws do apply to contracts of employment generally.

 

“The claimant’s complaint was received by this court on 7^th September 2016. This means that the claimant commenced this action in this court about seventeen months after the cause of action accrued instead of filing this action within three months after accrual of the cause of action.

 

“In this circumstance, the claimant’s right of action has become ineffectual and so, it can no longer be enforced.

 

“I, in consequence, find and hold that the claimant’s case is statute barred and it is accordingly struck out.” Justice Isele Ruled

 

 

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