Okon Johnson v. Mobil Producing Nigeria Unlimited (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BALKISU BELLO ALIYU, JCA (Delivering the lead ruling)

By a motion on notice filed on the 8th November, 2021, the applicant prayed this court for the following orders:

1. An order of this honorable court for enlargement of time to seek leave to appeal against the ruling of the National Industrial Court Calabar Judicial Division delivered on the 8th October, 2021 in suit No: NICN/UY/10/2021 Between Okon Johnson v. Mobil Nigeria Unlimited dismissing the monetary claims for unpaid salaries and severance benefits of the applicant.
2. An order of this Honorable court for leave to appeal against the ruling of the National Industrial Court Calabar Judicial Division delivered on the 8th October, 2021 in suit No: NICN/UY/10/2021 between Okon Johnson v. Mobil Nigeria Unlimited dismissing the monetary claims for unpaid salaries and severance benefits of the applicant.
3. An order of this honorable court for enlargement of time to file notice of appeal against the ruling of the National Industrial Court Calabar Judicial Division delivered on the 8th October, 2021 in suit No: NICN/UY/10/2021 between Okon Johnson v. Mobil Nigeria Unlimited dismissing the monetary claims for unpaid salaries and severance benefits of the applicant.
4. And for such further or other orders as this honorable court may deem fit to make in the circumstances.

The applicant relied on 8 grounds for seeking the above stated reliefs reproduced below:

(a) That the applicant being dissatisfied with the ruling of the National Industrial Court, Calabar Judicial Division delivered on the 8th October, 2021 is desirous to appeal against the ruling at the Court of Appeal pursuant to section 242 of the 1999 Constitution of the Federal Republic of Nigeria as amended.

(b) That the grounds of appeal raised substantial issues of law.

(c) That in pursuant to the provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended by the third alteration, leave of the Court of Appeal is required for the applicant to file an appeal against the decision of the National Industrial Court at the Court of Appeal.

(d) That by virtue of the provisions of Order 6 Rules 1 & 9 of the Court of Appeal Rules, 2016, this honorable court can enlarge the time within which applicant may apply for leave to appeal or file a notice of appeal.

(e) That the applicant is not guilty of delay as it took a while before the certified true copy of the ruling of the court was released to the applicant.

(f) That the right of appeal is a constitutional right.

(g) That the applicant has the constitutional right of appeal.

(h) That the respondent will not be prejudiced if this application is granted.

In support of the applicant is a twelve-paragraphed affidavit deposed by the applicant. He stated that his solicitors have since prepared notice of appeal which raises good and substantial grounds of appeal. But his lawyers told him that he required leave of this court to appeal against the ruling of the trial court. He said he is not guilty of inordinate delay, and he is desirous of prosecuting the appeal if he is granted leave to do so.

Attached to the affidavit are the ruling of the trial National Industrial Court (NICN) delivered on the 8th October, 2021, marked exhibit A. It is a ruling in respect of preliminary objection filed by the respondent against the suit of the appellant for being res judicata, the subject matter of the suit having been litigated and decided by Federal High Court and up to the Supreme Court. The trial court in that ruling held that the preliminary objection of the respondent succeeds in part, and made the following orders:

I. Relief 1, for having litigated been litigated at the Federal High Court Uyo, is hereby dismissed.