IN THE NATIONAL INDUSTRIAL COURT
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BEFORE HIS LORDSHIP, HON. JUSTICE P. A. BASSI
DATE: MONDAY, APRIL 16TH 2018
SUIT NO: NICN/LA/81/2016
BETWEEN:
CAPTAIN BABATUNDE ADEKOYA
CLAIMANT
AND
FIRST NATION AIRWAYS (SS) LTD
DEFENDANT
REPRESENTATION
KUNLE JIMOH ………. for the Claimant/Applicant
MOBOLAJI KUTI ………… for the Defendant/Respondent
RULING
This Application was brought pursuant to Order 26 Rule 1 and Order 43 Rule 3 of the NICN Rules 2017. It was supported by an affidavit of 9 paragraphs and 2 exhibits. The Respondent in this Application elected not to file a counter affidavit but rather conceded to the grant of prayers 2 and 3 of the Application while contending that the prayer 1 of the Application is not grantable by this court in view of the fact that in his opinion, the 1st prayer is academic and should not have been brought in this manner.
I have carefully studied the application and listened to the arguments of counsel in support of their respective positions. I have also studied the averments in the affidavit in support of this Application.
The issue that arises for determination is whether or not the Claimant/Applicant is entitled to the grant of this application.
In determining this issue, I would first of all analyse the provisions of Order 43 Rule 3 of the NICN Rules 2017 which prayer 1 of this Application is hinged on. It provides;
“where the party in possession, custody, power or control of the document or a recording in an electronic device referred to in Rule 1 of this Order, refuses or makes it impossible for the party seeking for discovery or production or inspection or otherwise to achieve those aims, the party seeking may apply by Motion on Notice for an order of the court compelling the other party to produce the document or the recording on an electronic device, etc. in the other party’s possession ,custody, power or control”
The said Rule 1 of Order 43 also provides;
“The court shall presume the genuineness of every document purporting to be
(a) The Official Gazette of the Federal Government of Nigeria or of a state
(b) The Official Gazette of any other country
(c) A newspaper or journal
(d) A copy of the journal containing the Resolutions or Hansard (that is verbatim Report) of the National Assembly or the House of Assembly of a state, printed by the Government printer”
I have carefully looked at the documents described and listed in prayer 1 of this Application and have come to the irresistible conclusion that none of the documents in this application form part of the documents listed in Rule 1 of Order 43. Since Rule 3 of Order 43 specifically provides for an application of this nature to be made in respect of the documents described in Rule 1 of the order, I find that prayer 1 of this Application must and hereby fails and is dismissed accordingly for the simple reason that the documents which are listed in prayer 1 are not those contemplated by Rules 1 and 3 of Order 43 and I so hold.
I however find merit in prayers 2 and 3 of this Application and accordingly they are ordered as prayed.
Ruling is entered accordingly.
Hon. Justice Paul Ahmed Bassi
Judge
