National Open University Of Nigeria v. Anye John Iorember (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM WAKILI JAURO, JCA (Delivering the leading judgment)

This is an Interlocutory appeal against the ruling of the National Industrial Court of Nigeria, Makurdi Division in suit No: NICN/MKD/87/2018 delivered by Hon Justice S. H. Danjidda on the 17/5/2019 which dismissed the preliminary objection of the appellant.

The preliminary objection had challenged the lower courts’ jurisdiction on grounds that the claim was statute barred by virtue of section 2 of the Public Officers Protection Act Cap. N. 41, Laws of the Federation of Nigeria, 2004.

Brief statement of facts

The facts of this interlocutory appeal are straight forward, and indicates that the appellant is a public officer/a public institution established by the National Open University Act Cap.N-65, Laws of the Federation of Nigeria, 2004. The respondent was a staff of the appellant and the employment with the appellant was with a statutory flavour.

The appellant terminated the respondents’ employment by a letter dated 6th August, 2013. The claimant/respondent challenged the termination in the court below after a period of over five (5) years by his complaint filed and dated 20th December, 2018.

The appellant by a notice of preliminary objection in the court below sought a determination of the action in limine, by relying on section 2 of the Public Officers Protection Act, 2004 which was a subsisting limitation law, on the ground that the action was statute barred having been commenced after three (3) months, thus robbing the lower Court of its jurisdiction to adjudicate on the claim.

The lower court heard the application and in a considered judgment held that the Section 2 of the Public Officers Protection Act no longer applies to contracts of employment and dismissed the preliminary objection, and thereafter, assumed jurisdiction to hear and determine the case. This appeal was brought upon the leave granted by this court against the said decision of the lower court.

Issues for determination

The appellants brief of argument settled by the learned Chris Dike, Esq. filed 25th June, 2021 distilled two issues for the determination of this appeal. The issue are as follows;

1. Whether the Public Officers (Protection) Act, no longer applies to contracts of employment.
2. Whether or not the honourable trial court, has jurisdiction to entertain the claimants’ suit at the court below.

The respondents brief of argument settled by the learned T.A. Ikpa Esq. filed 30th July, 2021 adopted the issues as formulated by the appellants without any modification.

In my considered view the two issues can be condensed in to one to read thus:

Whether or not the honourable trial court has jurisdiction to entertain the claimants’ suit vis-a-vis the Public Officers (Protection) Act, Cap N. 41, Laws of the Federation, 2004.

Submission of the appellant