Kano—The Presiding Judge, National Industrial Court sitting in Kano, His Lordship, Hon. Justice E. D. Isele has dismissed the preliminary objection filed by Kano Electricity Distribution Company challenging the court jurisdiction to hear matter brought by Mustapha Usman on alleged wrongful dismissal for lacking merit and ordered matter to proceed to trial.
The court held that the application was brought on an ambiguous provision of a staff handbook which the plaintiff may not be aware of.
The Defendant filed a preliminary objection to strike out the suit for being incompetent, that the Court has no jurisdiction to adjudicate on it, on the ground that Mustapha was entitled to file an appeal against the decision of the disciplinary panel that the local remedy is a condition precedent for setting a judicial process in motion.
In opposition, the claimant submitted that to apply the Article of the staff handbook which the defendant is seeking to invoke will permanently shut the door of justice urged the court to dismiss the objection for being frivolous, and an attempt to ridicule right of access to the court.
In his ruling, the trial Judge, Justice Isele held that the defendant failed to annex the said Handbook for the Court to peruse and there is nothing before the court to read into and give a valid decision as to the claims in the notice of the preliminary objection.
In all, the court dismissed the preliminary objection for lacking merit, ordered matter to proceed to trial.