Mr. Eniwomake Ricahrd Ovivie (Substituted For Late Frank Jowan By Order Of This Court Made On 25/5/2012) & Ors Vs Delta Steel Company Limited (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

UWANI MUSA ABBA AJI, JSC (Delivering the leading judgment)

The appellants were employed by the respondent on different dates and have worked in various capacities for over 10 years pursuant to “Approved Conditions of Service for Federal Government Owned Steel Companies, 1989” until the respondent’s redundancy policy or rationalization of staff affected them in 1995, which they claimed is against their condition of service and the Labour Act.

Both the trial and lower courts dismissed the appellants’ case, holding that the appellants’ employment was regulated solely by Approved Conditions of Service for Federal Government Owned Steel Companies, 1989. Miffed by the judgment of the lower court, the appellants have appealed to this court and distilled these issues for determination:

1. Whether the learned Justices of the Court of Appeal were right in holding that it is the condition of service (Exhibit C) that governs the employment of the appellants with the respondent to the exclusion of any other laws, statute or regulations including the Labour Act.
2. Whether the learned Justices of the Court of Appeal were right in their failure to consider/address issues 2 and 4 formulated by the appellants.

The respondent on the other hand framed these issues for determination:

1. Whether the learned Justices of the Court of Appeal were right in holding that it is the conditions of service admitted as exhibit C at the trial court that governed the employment of the appellants with the respondent to the exclusion of the Labour Act.
2. Whether the learned Justices of the Court of Appeal were right in deciding the matter before them in the manner that they did.

I shall utilize the appellants’ issues for the determination of this appeal joined together and reframed thus:

Issue for determination:

Whether the learned Justices of the Court of Appeal in not considering issues 2 and 4 formulated by the appellant were right in holding that it is the condition of service (Exhibit C) that governs the employment of the appellants with the respondent to the exclusion of any other laws, statute or regulations including the Labour Act.

It is the submission of the learned counsel to the appellants that by virtue of the provision in exhibit C and section 20 of the Labour Act, the lower court was wrong to hold that the provisions of the Labour Act do not apply in the consideration of whether the appellants were properly disengaged by the respondent.

It is further submitted that as an intermediate court, failure by the lower court to consider the appellants’ issues 2 and 4 amounted to denial of fair hearing and is urging this court to assume jurisdiction and resolve the issues in favour of the appellants. He asked this court to resolve this issue in their favour.

The learned counsel to the respondent submitted that by virtue of exhibit C, being the condition of service, a court cannot look at the Labour Law in the determination of the rights and obligations of the parties.

He cited in support Fakuade v. Oauth (1993) 5 NWLR (Pt. 129) 47. That the fact that the respondent is a wholly owned company of the Federal Government of Nigeria does not mean that they enjoyed statutory flavour.

He similarly argued that issues 2 and 3 formulated by the appellant go beyond the issues in controversy between the parties in this case, hence the non-consideration by the lower court. He however submitted that this court may resolve same if it considers it necessary. He urged this court to resolve this issue in favour of the respondent.

Resolution:

The parties herein diverge principally on the applicability and enforceability of section 20 the Labour Act to the case of the appellants while the respondent insists that it is the condition and terms of service (Exhibit C), that applies to the case of the appellants on the redundancy case of the appellants and nothing more.