Nigerian Deposit Insurance Corporation (Ndic) V. The Governing Council Of The Industrial Training Fund And Anor. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court in Suit No. FHC/ABJ/CS/624/05 delivered on the 2nd day of August 2006.

The Respondents who were Plaintiffs at the trial Court commenced their action by way of Originating Summons dated and filed on 13th December 2005, seeking determination of the following reliefs against the Appellant who was the Defendant.

“(1) Whether by virtue of Section 6(1) of Decree 57 of 1971 as amended by Decree 50 of 1990 that the Defendant is statutorily mandated to register with the Plaintiffs and contribute to the fund.

(2) Whether by virtue of Section 14 of Decree 47 of 1971 as amended up to date, the Defendants falls within the category of employers that are liable to contribute to the Plaintiffs’ fund.

(3) If the answers to questions 1 & 2 are in the affirmative, the Plaintiffs therefore seek the following reliefs:-

(a) A declaration that the Defendant is within the contemplation of Decree 47 of 1971 as amended up to date.

(b) A declaration that the Defendant has defaulted in complying with the Plaintiffs’ enabling statutes by not contributing 1% of the Defendants’ gross pay-roll to the Plaintiffs and which has accumulated to N350 Million (Three Hundred and Fifty Million Naira only) (covering 1998 – 2004 contributions).

(c) An Order directing the Respondent to comply with the Plaintiffs’ enabling Decree No. 47 of 1971 as amended up to date and render returns of training and account of contributions due from 1998 – 2004 (See Pages 3 – 4 of the Record of Appeal).

In support of the Originating Summons the Plaintiffs/Respondents filed a 26 paragraph affidavit and 7 Exhibits marked ITF1-ITF7.

In response to the Originating Summons the Defendant now Appellant, filed a 32 paragraph “Counter Affidavit” (i.e. affidavit in opposition). (See Pages 26 – 29 of the Record of Appeal).

At the conclusion of hearing, the learned trial Judge in a considered Ruling held among others as follows:-

“On the whole, I hold that the Defendant is qualified to register with the Plaintiffs, and contribute 1% of its gross pay roll to the Plaintiffs. That the Defendant furnish relevant documents to Plaintiffs so that the actual amount payable can be properly calculated. I so hold” (See page 149 of the Record).

The Appellant dissatisfied with the said Ruling appealed to this Court.