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Hon. Justice P. I. Hamman of the National Industrial Court of Nigeria, Port-Harcourt Division on 31st day of January 2018 dismissed a preliminary objection and assume jurisdiction over a suit in the case of Mr. Joseph Ogabo v. PPC LTD.
The Claimant through his counsel R. B. Mbaba Esq commenced this suit by way of Complaint which was dated and filed on 10th December, 2015 claiming against the defendant as follows; The sum of Thirty Three Thousand Six Hundred and Three Rupees (Rs. 33, 603 (or the Naira equivalent) and USD 19332.26 (or the Naira Equivalent) representing specific damages incurred in the cause (sic) of his treatment and surgery among others.
Consequently, the Defendant/Applicant this their counsel O. Sanni Esq. filed a Notice of Preliminary Objection dated 29th February, 2016 and filed on 1st March, 2016 challenging the jurisdiction of this court to hear and determine this suit. The grounds for the application are that:
1. The subject matter of this suit as presently constituted is one cognizable under the tort of negligence under the common law and is therefore outside the scope of jurisdiction of this Honourable Court as set out in section 254C of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (the “Constitution”) and section 7 of the National Industrial Court Act, 2006.
2. By the Employee’s Compensation Act, 2010 (the “ECA”), the Honourable Court lacks the original jurisdiction to entertain the Claimant’s claim for compensation in this suit.
After reviewing the argument of both parties, the Court presided by Hon. Justice P. I. Hamman, had this to say:
“This court has also held per Kanyip J. in the case of Bright Chinedu Wodi V. Diffrential Aluminium and Steel Company Ltd and 1 Other (2014) 42 N. L. L. R. (Part 129) 29 at 92 paragraphs H – A that if a statutory duty imposed on an employer is breached thereby causing an accident to a workman, the employer will be liable subject to any contributory negligence on the part of the workman.”
I have examined the Claimant’s Statement of Facts filed in this matter and it seems that the Claimant’s case before the court relates to claim in personal injury which he has attributed to the Defendant’s negligence in not providing him adequate healthcare and refusal to refund the expenses the Claimant allegedly incurred in accessing medical care.
It is therefore the decision of this court that the case of the Claimant falls within the jurisdiction and power of this court as provided in sections 7 and 19(d) of the National Industrial Court Act, 2006 as well as section 254C of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
In the light of the foregoing therefore, it is the decision of this court that the Claimant’s suit as presently constituted is within the jurisdiction of this court. The lone issue is therefore resolved against the Defendant/Applicant.
Consequently, the Notice of Preliminary Objection fails and it is accordingly dismissed.
I make no order as to costs.
Ruling is entered accordingly.
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