TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Industrial Court has one territorial jurisdiction – Justice Ogbuanya rules

The Editor by The Editor
January 9 2018
in Latest News
A A
0
Industrial Court has one territorial jurisdiction – Justice Ogbuanya rules

Justice Nelson Ogbuanya of the National Industrial Court of Nigeria (NICN), Yola Division, has                         held that the court has one jurisdiction throughout the country.

He ruled that it was not necessary for a claimant to obtain leave of court and endorse his processes before it can be served in a state for an action commenced in another state in Nigeria.

His Lordship ruled on a preliminary objection filed by the Federal Road Safety Commission (FRSC) through its counsel I. D. Midala.

The defendant had argued that the claimant, Yusuf Yahaya, commenced the suit outside Abuja and served it in the Federal Capital Territory without first obtaining the court’s leave to file and serve the processes out of jurisdiction.

Midala contended that by the combined provisions of Order 8, Rule 1 and 3 of the NICN (Civil Procedure) Rules 2017 and Section 97 of the Sheriff and Civil Process Act, the claimant ought to have obtained leave to serve the defendant, who is based outside the court’s jurisdiction.

He cited the Supreme Court cases of M.V Arabella vs NIAC (2008) and Drexel Energy and Natural Resources Lit and 2 ors vs Trans International Bank Ltd & Ors (2008).

The counsel added, among other arguments, that the court lacked the jurisdiction to determine the matter, being incurably defective.

But, the claimant’s counsel, S. Wilson, argued that the court’s rules states that the NICN has one jurisdiction throughout the federation, and urged the court to dismiss the objection.

In his ruling, Justice Ogbuanya noted that lower courts were bound by decisions of superior courts based on the principles of stare decisis and judicial precedents, but are allowed to distinguish the factual application  of the principles of the cases .

While acknowledging that the Supreme Court in M.V Arabella emphatically held that the respondent was outside the jurisdiction of the Federal High Court sitting in Lagos, where the writ was issued from, Justice Ogbuanya, however, distinguished the cases, finding that the legal principles and facts were not similar.

According to the judge, the Supreme Court, in the cases, based its decisions on the fact that there was nothing in the Federal High Court’s Act or its rules that excluded the application of the provisions of the Sheriff and Civil Process Act regarding the requirement for leave and endorsement of processes.

He said that was not the case with the NICN’s Rules.

“In the instant case, the provisions of the NICN (CP) Rules 2017 clearly exclude the application of the provisions of the Sheriff and Civil Processes Act,” the judge said.

Justice Ogbuanya held that NICN has only one territorial jurisdiction within Nigeria, as ‘out of jurisdiction’ in the rules mean “out of Nigeria/foreign territory”.

Another distinguishing feature of the Supreme Court’s decision, the judge said, was that it relied on the now repealed Federal High Court Rules of 1976.

He held that the apex court’s decision would not be the same under the current FHC 2009 Rules and under the extant NICN Civil Procedure Rules 2017.

Justice Ogbuanya said the NICN rules of 2017 has clarified and expanded on the court’s jurisdiction to be “only one jurisdiction throughout the territory of Nigeria”.

Among other reasons, he held that the arguments made by the defence counsel were inapplicable to the matter, as the originating processes were served within Nigeria.

“I also need to add and hold that the general provisions of the Sheriffs and Civil Process Act cannot override the specific provisions of the Rules of this court, which derives its force directly from the Constitution and its enabling statute, the NIC Act 2006,” Justice Ogbuanya said.

According to the Judge, “where there is a specific law and a general law on the same issue, the specific law prevails”.

“Accordingly, I hold that this notice of preliminary objection is grossly misconceived, and is hereby discountenanced and dismissed. Ruling is entered accordingly,” Justice Ogbuanya ruled. The Nation

Previous Post

Atiku threatens to sue Unongo, demands N200bn damages

Next Post

Herdsmen crisis: 16 governors offer five hectares each for cattle colonies

Related Posts

2027: Why I can’t step down for Atiku – Peter Obi
Latest News

2027: Why I can’t step down for Atiku – Peter Obi

September 11 2026
NDC candidates sign affidavits as party moves against defections
Latest News

2027: NDC wins logo war, secures INEC approval

September 11 2026
FG reopens all 47 unity schools, reaffirms commitment to students’ safety
Headlines

Nigerian students to get free 100MB data to access educational platforms

September 11 2026
Political thugs block Peter Obi’s convoy into Benue
Headlines

Political thugs block Peter Obi’s convoy into Benue

September 8 2026
FG closes 1st Niger Bridge for repairs
Latest News

FG closes 1st Niger Bridge for repairs

September 8 2026
Unsafe Foods: Unbranded palm oil, fufu outside our direct oversight, says NAFDAC
Latest News

Unsafe Foods: Unbranded palm oil, fufu outside our direct oversight, says NAFDAC

September 8 2026
Next Post
Herdsmen crisis: 16 governors offer five hectares each for cattle colonies

Herdsmen crisis: 16 governors offer five hectares each for cattle colonies

JAMB warns telecom firms against multiple UTME charges

Breaking: JAMB sets dates for 2018 UTME

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

by The Editor
August 24 2026
0

...

APPOINTMENTS

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

ODDITIES

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

Umahi files N2.5b defamation lawsuit against bloggers

Umahi files N2.5b defamation lawsuit against bloggers

by The Editor
August 26 2026
0

GLOBAL NEWS

US, Israel, Iran agree to 2-week ceasefire as Trump pulls back on threats

US Appeal Court affirms block on Trump bid to curb mail-in ballots

by The Editor
September 11 2026
0

...

Trump promises Americans $5,000 if Republicans win Congress

Trump promises Americans $5,000 if Republicans win Congress

by The Editor
September 11 2026
0

...

UK bans trade in goods from Israeli settlements in occupied West Bank

UK bans trade in goods from Israeli settlements in occupied West Bank

by The Editor
September 8 2026
0

...

Iran President thanks Putin for Russia’s stance in war with US

Iran President thanks Putin for Russia’s stance in war with US

by The Editor
September 1 2026
0

...

Saudi Arabia halts multiple visas for Nigeria, 13 others as U.S. suspends visa dropbox

US outlines two family visa options for permanent residence

by The Editor
September 1 2026
0

...

State of the States

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Gov. Mutfwang convenes security council over Plateau attacks

Gov. Mutfwang convenes security council over Plateau attacks

by The Editor
September 2 2026
0

...

Enugu govt gets commendation for successful hosting of 2nd City Marathon

Enugu govt gets commendation for successful hosting of 2nd City Marathon

by The Editor
September 1 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

September 11 2026
NCDC takes over Nasarawa office, plans N400m remodeling

NCDC takes over Nasarawa office, plans N400m remodeling

September 11 2026
Ondo LG shuts schools over security concerns

24 die after consuming herbal drinks in Ondo

September 11 2026
Gunmen kill Polaris Bank manager in Imo kidnapping attack

Gunmen kill Polaris Bank manager in Imo kidnapping attack

September 11 2026

EDITORIAL REVIEW

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Interstate highways of agony, hollow excuses – Punch

Interstate highways of agony, hollow excuses – Punch

by The Editor
September 1 2026
0

Mass presence of governors in off-cycle elections – Punch

Mass presence of governors in off-cycle elections – Punch

by The Editor
August 27 2026
0

Opinion

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.