National Electric Power Authority V. Mr. B. Edegbero & Ors (2002)

LAWGLOBAL HUB Lead Judgment Report

E. OGUNDARE, J.S.C.

The main issue arising in this appeal is as to whether the High Court of Niger State had jurisdiction to hear and determine the action which was brought before it by the plaintiffs, in view of the constitution (suspension and modification) of decree 107 of 1993.

The plaintiffs were former employees of the National Electric Power Authority (NEPA), the defendant. Following an industrial action by the workers of NEPA embarked upon in August 1994 the plaintiffs among others had by a letter dated 10th August 1994 their appointments terminated. On 17th August, 1994 they instituted various actions claiming in each:

“(i) A declaration that the purported termination of the plaintiff vide a letter dated 10th August, 1994 from the services of the defendant is irregular, wrongful, null and void and of no effect whatsoever.

(ii) An order reinstating the plaintiff with the defendant and the payment of plaintiff’s salaries, allowances and entitlements from the purported day of termination till reinstatement.

(iii) A perpetual injunction restraining the defendant from harassing, intimidating and violating of the plaintiff’s right.”

All the actions were consolidated and tried together.

In her further amended statement of defence the defendant pleaded as hereunder:

“A. The defendant avers that the Head of State, General Sani Abacha acting under the provisions of Decree 17 of 1984 ordered the termination of the plaintiffs’ appointment by virtue of a letter dated 8th August, 1994 signed by Head of State and addressed to the Minister of Power & Steel. The defendant states further that it was an exercise which affected many workers of the defendant at their various stations nationwide whose continued employment with the defendant was considered by the Federal Government not to be in public interest any longer. The defendant would therefore contend at the trial of this suit under and by virtue of the provisions of Public Officers (Special Provisions) Decree No. 17 of 1984, this court has no jurisdiction to hear and/or entertain this suit. The defendant plead and shall rely on the said letter together with attached list of defendant’s workers whose appointments were terminated and those dismissed from defendant’s service. And shall ask that the case be dismissed/struck out for want of jurisdiction.

A1. The defendant is one of the parastatals under the Ministry of Power & Steel and subject to the overall control of the Minister of Power and Steel.”

The issue raised above was tried by the learned trial Judge and resolved against the defendant. There was an appeal against that decision but the appeal appeared to have been withdrawn and as it is, however, not the subject of the present appeal, I will say no more on it.

The action on completion of pleadings went to trial. In the course of his address to the court, learned counsel for the defence raised yet another issue of jurisdiction of the trial court. He contended that by virtue of Decree 107 of 1993 amending section 230(1) of the 1979 constitution, a State High Court had no jurisdiction to adjudicate in the matter before the court.

In his judgment the learned trial Judge (Bima J) considered the issue of jurisdiction raised before him and decided the issue against the defendant. He observed:

“In his address Mr. J. O. Baiyeshea, learned counsel for the defendant raised an issue which also touches the jurisdiction of this court. I am also of the view that that issue be settled first before we go to the case proper since an issue of jurisdiction is so fundamental. If the court has no jurisdiction to entertain a matter whatever the court does in the case shall be an exercise in futility. Anything done without jurisdiction is a nullity. Learned counsel stated that he rely (sic) on Decree No. 107 of 1993 by virtue of the said decree s.230 of 1979 constitution was amended to exclude the jurisdiction of the State High Court in a matter of this nature. He stated that it confer (sic) exclusive jurisdiction on the Federal High Court. He submitted that since the defendant is an agency of the Federal Government and the validity of both the executive and administrative action taken against the plaintiffs are being questioned before this court, the proper venue should have been the Federal High Court. He therefore urged me to strike out the case.