Nigerian Maritime Administration And Safety Agency (NIMASA) v. Afi Nelson Ogba (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the lead ruling)

The respondent, Afi Nelson Ogba was offered employment by the applicant, Nigerian Maritime Administration and Safety Agency, as Principal Shipping Development Officer, vide a letter of provisional appointment dated 17/06/2015.

The respondent accepted the appointment and was deployed to the Shipping Development Department of the applicant in July, 2015 after undergoing a successful medical examination.

By a letter dated 14/09/2015 served on the respondent, the applicant purportedly nullified the offer of provisional appointment earlier made to her in June, 2015, less than three months after the offer of appointment.

In a show of disaffection with the action of the applicant, the respondent approached the National Industrial Court of Nigeria, Lagos Judicial Division, for redress of the wrong done to her, vide a Complaint and statement of fact dated and filed on 10/08/2016.

The matter was contested by the applicant and at the end of the trial, the National Industrial Court entered judgment for the respondent on 04/03/2019. This ruling is in respect of an application by way of motion on notice containing the trinity prayers and one other prayer, filed on 07/12/2022, wherein the applicant sought for the following reliefs:

1. An order extending the time within which to apply for leave to appeal against the judgment of the National Industrial Court of Nigeria, Lagos Judicial Division Honourable Justice E. A. OJI, delivered on Monday the 4th day of March, 2019, in suit No. NICN/LA/519/2016: Afi Nelson Ogba and Nigerian Maritime Administration and Safety Agency (NIMASA).
2. An order granting leave to the appellant/applicant to appeal against the judgment of the National Industrial Court Lagos, Per Honourable Justice E. A. OJI, delivered on 4th March, 2019, in suit No. NICN/LA/519/2016: Afi Nelson Ogba and Nigerian Maritime Administration and Safety Agency (NIMASA).
3. An order extending the time within which to appeal against the judgment of the National Industrial Court Per Honourable Justice E. A. OJI, delivered on the 4th March, 2019 in suit No. NICN/LA/519/2016: Afi Nelson Ogba and Nigerian Maritime Administration and Safety Agency (NIMASA).
4. An order of this honourable court staying the execution of the judgment of the National Industrial Court suit No. NICN/LA/519/2016: Afi Nelson Ogba and Nigerian Maritime Administration and Safety Agency (NIMASA) delivered on 4th March, 2019 pending the hearing and determination of the appeal filed herein.

The grounds for the application were given on the motion paper as follows:

1. The National Industrial Court sitting in Lagos per Hon. Justice E. A. Oji, J. delivered a judgment in suit No. NICN/ LA/519/2016: Afi Nelson Ogba and Nigerian Maritime Administration and Safety Agency (NIMASA) on Monday the 4th March, 2019 against the appellant/ applicant.
2. The appellant/applicant is dissatisfied with the said judgment and desires to appeal against the said judgment at the Court of Appeal.
3. The appellant/applicant requires the leave of this court to appeal against the said judgment.
4. That time allowed for the appellant to seek the required reliefs above stated has elapsed.

In support of the application is an affidavit of four (4) paragraphs, with paragraph 3 having nine (9) sub-paragraphs, sworn to by one Scholastica Ezediniru a Litigation Clerk with the Law firm of Global Law Alliance, counsel to the applicant. The affidavit has annexed to it two exhibits marked A & B, which are the judgment sought to be appealed against, marked as exhibit A and the proposed notice of appeal marked as exhibit B.

There is also a written address of counsel signed by Ikechukwu Nnaemeka, Esq. The reasons advanced in support of the application which explained away the delay in filing the appeal within the prescribed time are as contained in paragraphs 3(a)-(i) of the supporting Affidavit, which I reproduce here below:

3. That Eric Orji of counsel informed me on 25/01/2021 in our office at about 3.10pm and I verily believed him as follows;

a. That judgment was delivered by Honourable Justice E. A OJ, of the National Industrial Court on 4th March, 2019 in suit No. NICN/LA/519/2016 – Afi Nelson Ogba v. Nigerian Maritime Administration and Safety Agency (NIMASA)

b. That the appellant/applicant being dissatisfied with the said judgment desires to appeal against the judgment.

c. That the Certified True Copy of the judgment sought to be appealed against and the proposed notice of appeal prepared on the instructions of the applicant are hereby attached and marked as exhibits ‘A’ and ‘B’ respectively.

d. That the applicant requires the leave of the Court of Appeal to appeal against the judgment consequently, promptly and timeously filed an application for leave to appeal on 17th April, 2019 but same was withdrawn on 25/01/21 being defective and was accordingly struck out by this honourable court.

e. That the time to apply for leave of this honourable court and to appeal against the judgment has elapsed.