CASE TITLE: MACMILLAN (NIG) PUBLISHERS LTD v. CHINEDU (2021) LPELR-55500(CA)
JUDGMENT DATE: 1ST SEPTEMBER, 2021
PRACTICE AREA: JURISDICTION OF COURT
LEAD JUDGMENT: YARGATA BYENCHIT NIMPAR, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on jurisdiction of the National Industrial Court over labour-related matters.
FACTS
This appeal is against the judgment of the High Court of Benue State, Makurdi.
The Appellant, a duly registered company, was the employer of the Respondent/Plaintiff. On the 18th April, 2012, the Respondent was dismissed from the service of the Appellant via a letter of dismissal. Aggrieved by his dismissal from service, the Respondent proceeded to the trial Court and filed a suit to challenge the said dismissal. The Respondent claims the following reliefs:
a. AN ORDER of the Court declaring his dismissal as illegal, null and void.
b. AN ORDER that the dismissal letter be withdrawn
c. AN ORDER that the defendant should pay him all his salaries, entitlements at (sic) emoluments due to him as staff from April, 2012 till date at the determination of this suit and liquidation of the sum.
d. AN ORDER that the Plaintiff write a letter of resignation and the defendant accepts the same.
e. AN ORDER that Defendant pays to the Plaintiff the sum of N30,000,000.00 as general and exemplary damages (sic) wrongful dismissal.
f. AN ORDER that Defendant shall pay all costs incurred in this suit, including N250,000 professional fees.
Appellant was in default of pleadings and appearance. The Respondent, through a motion, sought for judgment to be entered in default of pleadings. Upon the consideration of the Respondent’s motion, the trial Court entered judgment for the Respondent by granting the said reliefs which were sought.
Dissatisfied, the appellant appealed to the Court of Appeal. The Respondents did not file a brief, neither did he appear to contest the appeal, despite being served with all relevant processes and hearing notices. Consequently, with leave of Court, the appeal was heard on Appellant’s Brief alone.
ISSUES FOR DETERMINATION
The Court determined the appeal on the following issue:
“1. Whether the trial Court has jurisdiction to entertain the Respondent’s suit which was filed before it on the 14th May 2012 having regards to the clear and unambiguous provision of Section 254 C-(1) (a) of the Constitution (Third Alteration) Act, No. 3, 2010 which came into effect on the 4th day of March 2011 and which divested every State High Court of the jurisdiction in civil cases relating to labour, trade union and employment matter.”
DECISION/HELD
In conclusion, the Court of Appeal allowed the appeal. The proceedings and judgment of the trial Judge was struck out for want of jurisdiction.
RATIOS:
- COURT – JURISDICTION: Effect where a court lacks jurisdiction over a matter
- COURT – JURISDICTION: What confers jurisdiction on a Court; effect of a Court hearing a matter over which it lacks jurisdiction
- JURISDICTION – JURISDICTION OF THE NATIONAL INDUSTRIAL COURT: Exclusive jurisdiction of the National Industrial Court over all matters or dispute relating to employment/labor matters
