MR. J.M.J. Asinobi & Anor V. Nigerian Breweries PLC (2017)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Lead Ruling)
By their motion filed on 28-7-15 the applicants are seeking of this Court the following orders ?
- AN ORDER granting leave to the Applicants to:
a. Appeal against the judgment/ruling of the National Industrial Court in Suit No. NICN/OW/53/2014: MR. J.M.J. ASINOBI, MR. S. UCHE (for themselves and as representing the 2014 Aba early retirees of Nigerian Breweries Plc) vs. Nigerian Breweries Plc delivered on 12th February, 2015 Coram Honourable Justice O. Y Anuwe.
b. Extension of time within which the applicants may file and serve his notice of appeal and further Notice and grounds of appeal.
c. Extension of time within which the appellant/applicant may seek leave to appeal.
- An order of Court granting leave to the applicant to file and serve Exhibit B as his further Notice and grounds of appeal.
- AN ORDER granting leave to the Applicants to Appeal against the judgment of the National Industrial Court in Suit No. HIC/05/2009: MR. J.M.J. ASINOBI, MR. S. UCHE (for themselves and as representing the 2004 Aba early retirees of Nigerian Breweries
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Plc) vs. Nigerian Breweries Plc delivered on 18/10/2010. To the effect that the claimants who are early retirees are not entitled to redundancy and ex-gratia goodwill benefits.
- Deeming the notice of appeal filed and served and the further notice and grounds of appeal filed and served as having been properly filed and served, the necessary fees having been paid.
In arguing the motion, the argument devolved around the jurisdiction of this Court to entertain an appeal from decisions of the National Industrial Court. On the jurisdiction of the Court to entertain appeals from decisions of the National Industrial Court relating to Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 as amended, there was no dispute.
But none of the judgments sought to be appealed against arose from Chapter 4 of the 1999 Constitution. The main issue therefore is whether this Court can exercise jurisdiction over matters not covered by the Fundamental Rights Provisions of the 1999 Constitution.
There have been conflicting decisions of the Court of Appeal in relation to this issue. While in Local Government Service Commission Ekiti State vs. Asubiojo
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(2013) LPELR ? 2040; Local Government Service Commission Ekiti State v. Mamisaye (2013) LPELR ? 20407; and Federal Ministry of Health vs. The Trade Union Members of the Joint Health Sector Unions & Ors LPELR (2014) 23546 this Court held that the Court of Appeal had jurisdiction to entertain appeals from the National Industrial Court, in Coca-Cola Nigerian Ltd vs. Akinsanya (2013) 18 NWLR (PT. 1386) 255, Lagos Sheraton Hotel and Towers vs. Hotel And Personal Services Senior Staff Association (2014) LPELR ? 23340; and Zenith Bank Plc. Vs. Caroline Dennis Durugbor (2015) LPELR 23898 this Court held otherwise.
It is now trite law that the appellate jurisdiction must be statutorily donated to the Court. I therefore find it necessary to set out provisions of statute dealing with the jurisdiction of this Court over decisions of the National Industrial Court. I refer particularly to Sections 240, 243 (2,3,&4), and 254C (5&6) of the Constitution of the Federal Republic of Nigeria 1999 as amended:
?Section 240. Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to the exclusion of any
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