Makurdi –His Lordship, Hon. Justice S. H. Danjidda, the presiding Judge, Makurdi Judicial division of The National Industrial Court of Nigeria, on Friday 8th January 2019 in a ruling dismissed preliminary objection filed by ATTORNEY GENERAL OF BENUE STATE and BENUE STATE LOCAL GOVERNMENT SERVICE COMMISSION (2nd and 3rd Defendants), the court finds cause of action and stated that the outcome of the matter will invariably affect all the defendants.
The 2nd and 3rd Defendants/Applicants filed Notice of Preliminary Objection dated 24/07/2018. The Notice of Preliminary objection is brought pursuant to Order 17 of the National Industrial Court of Nigeria Civil Procedure Rules 2017. The applicants sought for An order dismissing or striking out the instant suit of the claimant against the 2nd and 3rd Defendants/Applicants as it discloses no reasonable cause of action on the ground that merely mentioning the name of the 2nd and 3rd Defendants in the reliefs is not just enough.
In opposing the application, the Claimant/Respondent had a written reply urged the Hon. Court to dismiss the Notice of Preliminary Objection.
A sole issue was submitted by counsel for determination Whether the Preliminary objection by the 2nd and 3rd Defendants is meritorious?
Counsel argued that the 2nd Defendant, Benue State Local Government Service Commission is a statutory body with the responsibility to handle employment related issues, which include appointment and termination. That the employment of the claimant by the 1st Defendant was undoubtedly at the behest of the 2nd Defendant.
Counsel also argued that by virtue of Sections 5 and 6 of the State Proceedings Law Cap 161 Laws of Benue State vol. II 2004, the 3rd Defendant is also a proper party in this suit.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice S. H. Danjidda expressed thus;
“The office of the Attorney General of a State is created under section 195 of the Constitution. Even though the Constitution only provides for the duties of the Attorney General in Criminal prosecutions, the Attorney-General of a State as the Chief Law Officer of the State can sue and be sued in such matter affecting the state.
“It is the respectful view of this Honourable Court that this proceeding and indeed all matters properly brought affecting the Benue State government; necessarily affect the Honourable Attorney General and Commissioner for Justice in his capacity as the chief law officer, notwithstanding that it is in relation to a civil proceeding.
“Since the court has a duty to ensure that all parties likely to be affected by the result of an action are joined in the action, for that reason, I am of the clear view that the outcome of this matter will invariably affect all the defendants.
“On the whole, I find that there is no merit in the preliminary objection entered by the 2nd and 3rd Defendants and same is hereby overruled.”
