Nigerian National Petroleum Corporation V. S. Adesina Tijani (2006)

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FABIYI, J.C.A.

This is an appeal against the ruling handed out by Saula, J, while sitting at the High Court of Justice, Shagamu, Ogun State of Nigeria on 30th May, 2002. The trial judge struck out the appellant’s application dated 11th February, 2002.

The respondent herein, as plaintiff at the lower court both in his writ of summons and statement of claim dated 28th July, 1997 and 12th November, 1997, respectively, claim against the appellant as follows:-

“1. An order of declaration that the purported, termination of the plaintiff’s employment by the defendant on or about the 5th day of July 1996 is wrongful, illegal, null and void and of no effect whatsoever.

2. The sum of two million Naira (N2,000,000) being special and general damages suffered by the plaintiff as a result of the purported termination.

Alternatively,

3. The plaintiff seeks an order reinstating him to his regular post without loss of seniority and or benefit with effect from the 5th day of July, 1996 with all his entitlements (salary, allowances, bonus etc) to be paid up to him and necessary advancements and/or promotion effected accordingly.”

At the on-set, the suit was before Ogunlesi-Adio, J. (of blessed memory) sitting in the same court as the learned trial judge. As extant on page 52 of the transcript record of appeal, Ogunlesi-Adio, J. on 6th April, 2000, ordered that the suit should be transferred to the Federal High Court, Abeokuta for adjudication. Upon the demise of Ogunlesi-Adio, J. the suit was, based upon re-assignment, taken over by Saula, J.

By an application dated 11th February, 2002, the appellant prayed the court for:-

“1. An order changing the defendant’s counsel’s name from the law firm of Dantata & Co, to the law firm of F. O. Adeoshun & Co, Mojirade Chambers, Abeokuta, Ogun State.

2. An order vacating the order of this Honourable court made on the 6th April, 2000 by the Honourable Justice Ogunlesi-Adio transferring this suit to the Federal High Court, Abeokuta for want of jurisidiction.
3. An order striking out this suit for want of jurisdiction to entertain same, and
4. For such further or other orders as this Honourable Court may deem fit to make in the circumstances.

Grounds for the Application

(i) No provision in the High Court Law of Ogun State, the constitution of the Federal Republic of Nigeria, 1999 or any other existing law invest this Honourable Court to transfer a suit instituted in this Honourable Court to the Federal High Court, as done by this Honourable Court on 6th April, 2000.

(ii) This suit was commenced against the defendant without giving the mandatory statutory notice of intention to sue the defendant contrary to S.12(2) of the Nigerian National Petroleum Corporation Act, Cap. 320, LFN, 1990 and as such renders the action incompetent.”

The learned trial judge was properly addressed by learned counsel on both sides of the divide. In the ruling delivered on 30th May, 2002 the trial judge felt that she had cause to strike out the application. Indeed, the application was struck out. The appellant was not happy with the stance posed by the trial judge and appealed to this court. The notice of appeal dated and filed on 1st July, 2002 was accompanied by one ground of appeal. I shall reproduce the lone issue distilled from same anon.

The reliefs sought from this court are as follows:-

“1. An order setting aside the decision of the lower court striking out the appellant’s application dated 11th February, 2002.