Industrial Court strikes Out Suit for Failure to Disclose Reasonable Cause National Industrial Court of Nigeria

Industrial Court strikes Out Suit for Failure to Disclose Reasonable Cause

2417 Friday 2nd February 2018

Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, Abuja Division on 29th day of January 2018 gave a ruling in favor of Chamber of Commerce by striking out a suit against it by a Director General for failure to disclose reasonable cause in the case of Joe Idowu Wenegieme v. Abuja Chamber of Commerce and Industry & Another.

Consequently, On 14th November 25, 2017, this Court granted extension of time to the Defendants to file motion on notice dated 25th November 2015 out of time and deeming the application properly filed and served, same having been served on the Claimant. The motion on notice is praying for:

The Claimant/Respondent instituted this suit vide a complaint with its accompanying documents dated 9/10/2015 filed on the same day. The complaint seeks for the following reliefs:

A declaration that the defendants' letter dated 13th July 2015 to the claimant titled "Dismissal From Service" purporting to terminate the claimant's appointment with the 1st defendant is ultra-vires, null and void and of no effect whatsoever.

A declaration that the claimant is still in the service of the 1^st defendant.

An order of this Honourable Court striking out the name of the 2^nd Defendant/Applicant from this suit.

An order of this Honourable Court striking out the suit of the Claimant/Respondent.

After reviewing the argument of both parties, the Court presided by Hon. Justice Sanusi Kado, had this to say:

“I have no doubt in my mind that the above quoted letter is very clear and unambiguous. The message contained therein which was passed to the Claimant/Respondent is self explanatory. In my view the letter of withdrawal of dismissal as contained in the above quoted letter is to the effect that the Claimant/Applicant’s dismissal is no longer in force for having been retracted by the Defendants/Applicants. The Claimant/Respondent has therefore been reinstated back to his position as the Director General of the 1^st Defendant. However, he has been asked to proceed on leave with his pay i.e to say his salary has been restored. The effect of the letter of withdrawal is as if nothing has happened to the employment of the Claimant/Respondent. In view of this finding, as at 9^th November 2015 when this matter was instituted the Claimant has no cause of action as per letter of dismissal of 13^th July 2015 is concerned. This is because the letter of dismissal of 13^th July 2015 has vide the letter of 5^th August 2015, been extinguished no longer in existence, its operation ceased. The Claimant is therefore chasing shadow leaving the substance. For avoidance of doubt the Court decision is that the 2^nd Defendant is a necessary and proper party before the Court. The suit as it is presently constituted did not disclose a cause of action fit to be tried by this Court.”

In view of the above findings, this Court is not interested in determining academic questions, this suit must be struck out for non-disclosure of cause of action. And it is hereby struck out.

I make no order as to cost.