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The National Industrial Court sitting in Abuja, has struck out a case against The Attorney-General Of The Federation and 3 ORS for wrongful sack by the presidency.
Dr. Faith Uwabhel Robert, who had challenged (That) He (The Claimant) was lawfully appointed by the President to hold the office of the Director General of the National Productivity Centre for a four year tenure and he is entitled to all benefits accruable from the position of the Director General for the four years he ought to have held office as Director General.
The Claimant in this suit claimed that he was employed as Director General of the National Productivity Centre by a letter dated 15th May, 2015, signed by the then Secretary to the Government of the Federation, Anyim Pius Anyim GCON. Later, a notice was sent to him via a letter dated the 14th October, 2015 signed by Engr. B.D. Lawal, the subsequent Secretary to the Government of the Federation to inform him of the appointment made on the 15th May, 2015 being in error.
Learned Counsel to the 1st Defendant/Applicant also contended that the cause of action in the suit is the appointment of the Claimant/Respondent as Director General of the National Productivity Centre. He further contended that the Secretary to the Government of the Federation who made the appointment and that which notified the Claimant of the error leading to this suit is a public servant covered (protected) by the provision of section 2 (a) of Public Officers Protection Act.
He Further submitted that the cause of action in the suit arose on the 14th of October 2015 when the Plaintiff was informed by the Secretary to the Government of the Federation that his appointment was made in error while this suit was commenced on the 28th of July, 2016 making it 8 clear months after the cause of action arose.
Upon the above, Counsel concluded that the action ought to have been instituted within three months and failure to do so has robbed this court of jurisdiction to hear and determine the suit.
The court presided by Hon. Justice Z. M. Bashir after reviewing the argument of parties, said “I find that the complaint filed by the Claimant/Respondent in this suit was filed on the 28th of July, 2016. I have perused the reliefs and the facts in the statement of fact accompanying the Complaint which reveals that the claimant was informed on the 14th of October, 2015 that his appointment was in error.
Having established that cause of action arose on the date the Claimant/Respondent was served with a notice that his appointment was in error, I must add that it is crystal clear that the cause of action arose on the 14th of October, 2015 while this suit was instituted on the 28th of July, 2016, I agree with the 1st Defendant/Applicant Counsel as it is in accordance with my findings that the action was instituted after eight (8) months; a clear breach of the statutory 3 months prescribed by section 2 (a) of the Public Officers Protection Act.
In the final analysis, I find that the action of the Claimant/Respondent being one of such which should have been instituted within three months but was instituted after eight months. It is therefore statute barred and manifestly robs this court of jurisdiction.
Where the court finds that it lacks jurisdiction to hear and determine a suit, the proper order the court should make is an order striking out the matter.
Based on the foregoing, it is the ruling of this court that the preliminary objection is upheld. The court finds that it lacks jurisdiction to entertain the suit based on the plethora of authorities cited. Consequently, the suit is hereby struck out.
I make no order as to cost.
For Full Ruling/Judgement click here
