DIAMOND BANK PLC v. CHIBUEZE CHINAGOROM
(2018)LCN/12411(CA)
In The Court of Appeal of Nigeria
On Monday, the 16th day of April, 2018
CA/OW/384M/2014
RATIO
APPEAL: WHERE APPEAL IS MADE FROM THE NATIONAL INDUSTRIAL COURT
“All other appeals to the Court of Appeal from the National Industrial Court shall be by leave of Court. See Skye Bank vs. Victor Anaenem Iwu (2017) LPELR 42595(SC)…he appellant ought to have obtained the leave of this Court before filing its notice of appeal. Having not done so, the appellant has been unable to activate the jurisdiction of the Court. See Nwankwo vs. Yar’adua (2010) 12NWLR (pt 1209) 518 S.C., Attorney-General Anambra State vs. Attorney-General Federation (1993) 6 NWLR (pt302) 892 and Madukolu vs. Nkemdilim (1962) 2 SC NLRR 341. The appeal is incompetent and it is hereby struck out.” PER RAPHAEL CHIKWE AGBO, J.C.A.
Before Their Lordships
RAPHAEL CHIKWE AGBOJustice of The Court of Appeal of Nigeria
AYOBODE OLUJIMI LOKULO-SODIPEJustice of The Court of Appeal of Nigeria
ITA GEORGE MBABAJustice of The Court of Appeal of Nigeria
Between
DIAMOND BANK PLC.Appellant(s)
AND
CHIBUEZE CHINAGOROMRespondent(s)
RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment):
The Respondent in the Respondent’s brief raised and argued a preliminary objection and the issue for determination in the preliminary objection is ‘whether this Honourable Court can assume jurisdiction over this appeal when the dispute was not based on the breach of any of the appellant’s fundamental rights at the trial, or a crime.’
The appellant had filed this appeal against a decision of the National Industrial Court of Nigeria in suit No. NICN/PHC/07/2012 which suit was founded on the complaint of wrongful dismissal. The appellant’s issues for determination in this appeal before us as follows: –
(i) Whether the award of N4,338,000.00 against the appellant to the Respondent as compensation being salary for the year for wrongful act of black listing the claimant is right?
(ii) Whether the admission and reliance placed by the trial Court on the unsigned documents i.e. Exhibits’?C3′, ‘C4’ and ‘C18’ are justified?
(iii) Whether the learned trial judge was right in misplacing the burden of proof in the case on the appellant and relying on speculation to decide the case against the appellant.
(iv) Whether the decree made by trial judge that ‘b’ the defendant is to pay the judgment sums as ordered in (4) and (5) above to the claimant within 30 days from today, failure of which it begins to attract interest of 15% per annum from the time of default until the final liquidation of the judgment sum in line with the provision of Order 21 Rule 4 of the NIC Rules 2007.
(7) The defendant is to pay N200,000.00 costs to the claimant, is justified.
The appellant did not seek the leave of this Court before filing. By S.243(2) of the 1999 Constitution as amended, an appeal shall lie from the decision of the National Industrial Court as of right to the Court of Appeal on questions of fundamental Rights as contained in Chapter IV of this Constitution as it relates to matters in which the National Industrial Court has jurisdiction. Also by the provision of S.254C (5 & 6) appeals shall lie as of right from decision of the National Industrial Court in the exercise of its criminal jurisdiction.
All other appeals to the Court of Appeal from the National Industrial Court shall be by leave of Court. See Skye Bank vs. Victor Anaenem Iwu (2017) LPELR 42595(SC). The issues placed before us for determination clearly are not founded on Chapter IV of the 1999 Constitution. The argument contained in the appellant’s Reply brief is a study in obfuscation. The appellant ought to have obtained the leave of this Court before filing its notice of appeal. Having not done so, the appellant has been unable to activate the jurisdiction of the Court. See Nwankwo vs. Yar?adua (2010) 12NWLR (pt 1209) 518 S.C., Attorney-General Anambra State vs. Attorney-General Federation (1993) 6 NWLR (pt302) 892 and Madukolu vs. Nkemdilim (1962) 2 SC NLRR 341. The appeal is incompetent and it is hereby struck out.
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree.
ITA GEORGE MBABA, J.C.A.: I agree.
Appearances:
O.O. OkonkwoFor Appellant(s)
E.N. Ichie with him, A.O. AhambaFor Respondent(s)
