Mainstreet Bank Registrars Limited V. Evukowhiroro Eleyeme Promise (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the interlocutory ruling of the National Industrial Court presided over by HON. JUSTICE J. D. PETERS delivered on the 10th November, 2014 wherein the lower Court refused an application brought by the Appellant seeking amongst other reliefs an order of the Court to state a case to this Court on some questions.

The brief facts relevant to this appeal are that, the Respondent herein, filed an action against the Appellant for wrongful termination of employment and in the course of pleadings, the Appellant filed its Statement of Defence after which the Respondent filed a reply wherein she pleaded a document and accompanied it with a further statement on oath. The Appellant filed a motion to set aside the Reply on the ground that it raised a new issue and that the rules of Court do not allow her to file a reply. That the Appellant has no right of further reaction thereby breaching the rule of fair-hearing. It asked the Court to strike out the reply.

The application to strike out the Respondent’s reply was refused and the Reply was deemed properly

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filed.

By another motion the Appellant prayed the Court for an order that questions it formulated be referred to this Court for answers. The questions which the Appellant tagged constitutional are namely:

i. Whether the National Industrial Court of Nigeria having been created and made a superior Court of record by virtue of the Provisions of S. 6(5) (c) and S. 254(A) & (C) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) can operate as an inferior Court which the Evidence Act, 2011 do not mandatorily apply?

ii. Whether the National Industrial Court of Nigeria having been accorded with the same powers as that of the High Courts in Nigeria by virtue of S.6(5) (c)and S. 254(A)& (D)(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the National Industrial Court of Nigeria can in any of its judicial proceedings rely on the provisions of S.12 (2) (b) of the National Industrial Court Act, 2006 to depart from the provisions of the Evidence Act, 2011 which mandatorily binds all superior Courts of records in Nigeria thereby making the National Industrial Court of Nigeria more powerful than

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the other High Courts in Nigeria?

iii. Whether in the determination of the civil rights and obligations of the Defendant guaranteed under S.36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) , the Defendant is not entitled to have its civil rights and obligations determined in the National Industrial Court of Nigeria in accordance with the provisions of the Evidence Act, 2011 in Nigeria?

iv. Whether the powers granted to the National Industrial Court by virtue of the provisions of S.12 (2) (b) of the National Industrial Court Act, 2006 to depart from the provisions of the Evidence Act, 2011 is not inconsistent with the provisions of S.6(5) (c) , , (D) (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) , S.252 and S.256 of the Evidence Act, 2011 and therefore unconstitutional in view of the provisions of the 2nd Schedule Part 1, Item 23 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ?

v. Whether the National Industrial Court’s reliance on the provisions of Section12(2)(b) of the National Industrial Court Act, 2006 in the admission and/or exclusion of documentary