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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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[Retirement Claim] Industrial Court orders Kano State Pension Fund to be joined as necessary party


1861 Thursday 30th June 2022

The Presiding Judge of Kano Judicial Division of the Court, Hon. Justice E.D. Isele has dismissed the preliminary objection filed by Auditor General Kano State and 6 others in a matter brought by one Retiree, Abdullahi Musa challenging the jurisdiction of the Court for lacking merit.


From facts, the Claimant- Abdullahi Musa is seeking severance allowances, service gratuity allowance, and pension for life as retired Permanent Secretary against Auditor General Kano State and 6 others.


In defense, the defendant- Auditor General Kano State and 6 others raised an objection on the grounds that the Mr. Abdulahi failed to demand payment of the amounts claimed in his reliefs from the Defendants in line with the provision of the Industrial Court Civil Procedure Rules and further that necessary party is not before the court, that the reliefs sought by Abdullahi are directly sought against Kano State Pension a fund trustee who is not a party to the suit.


The agency averred that the satisfaction of the requirements of Order 3 Rule 12 (f) by the Claimant is fundamental and mandatory, and urged the Court to strike out the suit for lack of locus standi and lack of cause of action.


In opposition, Abdullahi’s Counsel urged the Court to hold that the action of his client was properly instituted and to dismiss the objection.


Delivering the ruling, the presiding Judge, Justice Isele affirmed the court jurisdiction and held that the defect is curable by virtue of the Court rules. 


“It is, therefore, my view that the claim is one that this court has jurisdiction to hear 

this matter, and the Claimant has the locus to sue.” Justice Isele ruled.


On the issue of necessary parties, the Court held that Kano State Pension Funds Trustee be joined as a party in the suit, and ordered the case to proceed to hearing.  

 

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