IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Before His Lordship:-
HON. JUSTICE E.D. E ISELE – JUDGE
DATE: 31st May, 2017 –NICN/ABJ/271/2016
BETWEEN
- NWOLISA BOND CHUKWUDOIZE– Claimant
AND
NATIOANL AGENCY FOR FOOD AND
DRUG ADMINISTRATION AND CONTROL– Defendant/Applicant
REPRESENTATION: Parties present. Benjamin Nwosu with O.H. Elendu for the Claimant. Ademola Adewoye for the Respondent.
RULING
The Claimant filed this action by a complaint filed on the 25th of July 2016 claiming a Declaration that his continued suspension by the defendant since 21st March 2003 is unlawful, void and of no effect. He also claims a declaration that the continued withholding of his salaries by the defendant since 21st March 2003 is unlawful and oppressive. He claimed a declaration entitling him to all his outstanding salaries since the said 21st March 2003 to date as well as an Order for reinstatement and payment of his outstanding salaries amounting to the sum of Twenty Five Million, Three Hundred Thousand Four Hundred and Seventy Seven Naira Five kobo (25,300,477.5) representing the total sum of his salaries withheld from March 2003 at the rate of One Hundred and Fifty Nine Thousand One Hundred and Twenty Two Naira Five Kobo (N159,122.5) per month, this together with other pecuniary claims. Ten heads of claim in all.
The writ was accompanied with a Statement of Fact and other processes. The Defendant by an Order of Court extending time filed a Statement of Defence and witness Statement on Oath out of time on the 1st of March 2017.
On the 27th of February 2017 the Defendant objectors filed a Notice of Preliminary Objection urging the Court to dismiss or strike out the suit for want of jurisdiction.
The grounds upon which the objection is brought are:
(1) No reasonable cause of action
(2) The action is statute barred.
The Claimant also filed a reply to the Preliminary Objection on the 7th of March 2017. On the 29th of March 2017 this court heard both counsel address the court and written addresses adopted on the said date. Now, after going through both addresses and the issues formulated for determination by counsel, I find that the ruling on the Preliminary Objection is best reserved to form part of the judgment after hearing into the matter is concluded issues having been joined in the pleadings.
Case is adjourned to the 21st of June 2017 for hearing.
In the circumstance the motion for judgment filed on the 22nd of January 2017 is hereby struck out.
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HON. JUSTICE E. D. E. ISELE
JUDGE
