Aina Olufunsho & Ors. V. Global Soap And Detergent Industries Limited (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBANDE OGBUINYA, J.C.A, (Delivering the Leading Judgment)

This appeal is an offshoot of the decision of the High Court of Kwara State, Ilorin, presided over by Hon. Justice I.A. Yusuf, in Suit No. KWS/40/2010, delivered on 30/06/2011, wherein it upheld the respondent’s preliminary objection and struck out the appellants’ suit.

The facts of that action, which culminated into this appeal, as collated from the processes filed, are brief and simple. The appellants, the claimants, were the employees of the respondent, the defendant, in the lower court. The respondent, on 01/04/2009, via a notice of disengagement, pasted on its notice board, terminated the appellants’ employment appointments with it. The appellants, who were, naturally peeved by that conduct, instituted an action against the respondent and its executive director, Mrs. Omolola Olabayo, for an unlawful dismissal from its employment in the lower court. Eventually, the name of the second defendant therein was, without opposition, struck out from the matter. The parties filed and exchanged their respective pleadings in the matter as required by law. Thereafter, the matter proceeded to full-scale trial. The appellants testified for themselves and fielded no other witness. They opened their case on 14/12/2010, closed same on 04/01/2011 and the case was adjourned to 20/01/2011 for the respondent’s defence as shown on pages 176 – 186 of the record.

The respondent, rather than opening its defence, filed a notice of preliminary objection on 08/04/2011, found on pages 130-131 of the record, wherein it prayed the lower court to dismiss or strike out the appellants’ action on two grounds to wit.

GROUNDS OF OBJECTION.

1. This suit relates and is connected with labour, employment and matters arising from workplace and conditions of service within the Exclusive Jurisdiction of the National Industrial Court.
2. The jurisdiction of the States and Federal High Courts in matters relating to or connected with labour, employment and matters arising from workplace and conditions of service have been ousted by the provisions of section 254C of the 1999 Constitution of the Federal Republic of Nigeria (As amended on the 4th March, 2011)”

The lower court, duly, heard the parties on the preliminary objection, as evidenced on pages 187 – 188 of the printed record, and in a considered ruling, delivered on 30/06/2011, it upheld it and struck out the appellants’ action. The appellants were unpleased with the ruling. Hence, they filed a two-ground of appeal, wrapped on pages 204- 205 of the record, in which they prayed this court as follows:

“4. Relief sought from the Court of Appeal.

(1) Allowing this appeal by setting aside the Ruling of the lower court that it has lost jurisdiction to continue trying the case due to the new amended section 254(c)(1) in the Constitution.

(2) An order directing the lower court to continue hearing the case from where it stopped i.e. Defence.”

As enjoined by the Rules of this court, parties filed and exchanged their respective briefs of argument in the appeal. The appeal was heard on 18/10/2012. In that perspective, the appellants’ counsel, H. A. Gegele, Esq., adopted their brief of argument, filed on 19/07/2012, and their reply on points of law, filed on 25/09/2012, but deemed filed on 10/10/2012, as representing his arguments in support of the appeal. He urged the court to allow the appeal. In the same vein, learned counsel for the respondent, Tosin Alawode, Esq., adopted the respondent’s brief of argument, filed on 24/09/2012, but deemed filed on 10/10/2012, as forming his submissions against the appeal. Learned Counsel drew the courts attention to the list of authorities he filed containing two cases viz: Olutola vs. Unilorin (20041 18 NWLR (Pt. 905) 416 and Ogolo vs. Ogolo (2000) 5 NWLR (Pt. 972) 173. He linked the two cases to his arguments in paragraph 1.1.1 and 1.1.9 of the brief respectively. He urged the court to dismiss the appeal.

In the appellants’ brief of argument, they crafted a lone issue for determination of the appeal, to wit:

“Whether or not the introduction of section S.254(c) of the 1999 Constitution of the Federal Republic of Nigeria (amended on the 4th of March, 2011) would truncate continuation of even part heard matters before State High Court thereby transferring them to the National Industrial Court for a fresh start.”

Interestingly, the respondent, in its brief of argument, adopted that singular issue for the determination of the appeal.

Arguments on the issue