NICN has One Jurisdiction – Court Rules

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NICN
National Industrial Court

The presiding Judge of the National Industrial Court Sitting in Makurdi, His Lordship, Hon. Justice Salisu Hamisu Danjidda on Friday 1st March 2019 in a ruling, dismissed the preliminary objection filed by THE FEDERAL UNIVERSITY, WUKARI and 4 others (defendants) challenging the jurisdiction of the court to entertain matter brought by ENGR. LASBEY N.D. NSIEGBE  (claimant) having not exhausted the internal mechanism for resolving dispute as provided by the Regulations governing condition of service before initiating this action and also that the address of the Defendants is in Wukari, Taraba state and there is no endorsement on the originating process, that the originating process was issued in Makurdi and served on the Defendants in Wukari, a place outside the jurisdiction of the Court sitting in Makurdi.

In opposition, the claimant counsel averred that there was no such provision in his conditions of service that he should exhaust any internal mechanism before instituting an action in court. That the Claimant had written series of letters and met with the Defendants about the sudden change in his employment status from pensionable to contract as well as reduction of his salary that coming to court is the last resort as all the representations and entreaties fell on deaf ears.

After careful evaluation of all the submissions and processes filed, the presiding Judge,Hon. Justice S. H. Danjidda expressed thus;

“On this score, I find that from 4/12/2017 when the Claimant forwarded his appeal to the Defendants to the time he filed this suit which is 25/9/2018, the appeal Committee did not act within a reasonable to look into the case of the Claimant.

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“At any rate, I find that the Claimant, in this case, has communicated his grievances to the Defendants in line with chapter 11 and has also waited long for the appeal committee to look into his case by virtue of Chapter 15.

“The National Industrial Court of Nigeria is one court whose jurisdiction covers the entire country and the various divisions of the Court are for administrative convenience only.” Justice Danjidda Rules.

In the light of the foregoing issue, the court resolved in favour of the claimant and dismissed the application for lacking merit.

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