University Of Ado-ekiti V. Dr. Gboyega Isijola (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AHMAD OLAREWAJU BELGORE, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of Justice of Ekiti State delivered by Hon. Justice C. I. Akintayo on the 25th day of November, 2013.

The Respondent who was the Plaintiff (the ?Respondent?) in the Court below had filed an action against the Appellant who was the Defendant (the ?Appellant?) on the ground that his employment was wrongfully terminated.

In response, the Appellant,on 7th day of February, 2005, filed their statement of defence, denying material facts contained in the Statement of Claim of the Respondent. And on 5th day of May, 2005 the Respondent filed a reply to the Appellant?s Statement of Defence.

However, on 6th day of March, 2013, the Appellant filed a Notice of Preliminary Objection dated 4th March, 2013, challenging the jurisdiction of the Court on the ground that same has been ousted by the provision of Section 254(c) of the 1999 Constitution (Third Alteration) Act, 2010. They prayed the Court to strike out or dismiss the action.

?The Respondent in his reply to the Notice of Preliminary

Objection dated 21st day of May, 2013 and filed on 24th day of May, 2013 opposed the application and submitted that it will be inequitable to strike out the case in the circumstances since the cause of action arose before the amendment to the Constitution.

They further argued that even where the High Court finds that it lacks jurisdiction and the matter falls within the exclusive jurisdiction of the National Industrial Court, the National Industrial Court Act expressly prohibits the striking out of such cases.

In the Ruling of the Court below, the objection of the Appellant succeeded in part. The Court agreed with the Appellant that from the moment Section 254(c)of the 1999 Constitution (Third Alteration) Act, 2010 was signed into law, the jurisdiction of the High Court to adjudicate over matters relating to industrial, trade unions, labour and employer-employee disputes as in the instant case at has been ousted and is now vested in the National Industrial Court.

?But in the place of striking out or dismissing the case as prayed by the Appellant, the Court in its wisdom considered the submissions of the Respondent and the provisions of Section

24(3) of the National Industrial Court Act, 2006 to transfer same to the National Industrial Court.

The Court was of the further opinion that striking out the Respondent?s case in the circumstance will deprive him of his guaranteed right of access to justice without any fault of his.

Dissatisfied with the ruling of the Court below, the Appellant appealed to this Court by a Notice of Appeal dated 9th day of December, 2013 and filed on 12th day of December, 2013 praying this Court to allow the Appeal and set aside the ruling of the trial High Court on the following grounds:

GROUND 1