The National Industrial Court sitting in Kano has struck out a suit between Comrade Iliyasu Abdurauf Bello, former SSANU chairman ABU branch & five others and Comrade Sampson C. Ugwoke & seven others with suit number NICN/KD/26/2016 and the upheld.
Delivering ruling, the presiding judge Hon Justice E.D.E Isele said , the territorial jurisdiction of the court is Kano State and the defendants address are listed to be in FCT Abuja and Zaria, Kaduna State outside the jurisdiction of the court.
The originating process where illegally serve in FCT Abuja and Zaria Kaduna State without any leave sought and obtained for leave to issue and or serve of FCT Abuja and Zaria, Kaduna State outside the jurisdiction of the court (order of Rule 10 of the National industrial (court rules 2007 operating at the time of filling).
Also none of the complaint was marked as concurrent (order 6 rule 7 of the NIC rules 2017 & order 7 of the NIC Rule 2017 & 5.98 of the sheriff & civil procedure Act cap 56 LFN 20014.
This is no reasonable cause of action or claims against the 1st, 3rd, 8th, Defendant in this suit.
The presiding judge further said the 1st claimant and other claimant lack locus stands to institute the suit. The 1st claimant action is caught by the principle in Foss V. Harbottle.
“There is no are reasonable cause of action existing at all in this suit. The tenure of the claimant had lapsed”.
Further more the suit is Academic and hypothetical, the period of (3 months suspension being challenged had lapsed or the Defendant where not properly or personally serve while the court lack jurisdiction to entertain the suit and entire suit is incompetent.
Justice Isele read ”I hold the suit would merely amount to waste of judicial time and amount to an academic exercise see ADEOGUN V. FASHGBON (2018) 17 NWLR (PT 115) 149 sc, AND GOVERNOR OF KADUNA STATE V. DAD (1980) NWLR (PT.38) 657;
COMRADE ILYASU ABDULRAUF BELLO is the formerSSANU ABU, ZARIA branch chairman and the remain claimant who list the case are Nuhu Ishaya, Muhammed Ali, Nuhu chaibu, Christopher Okereke and Hajia Halima F.O Abubakar.
While the Defendant are Comrade Samson C.Ugwoke. SSANU, Comrade Hadiza Dije Ali, Comrade Muhammed Gimba
,Comrade James Fort Buka, Comrade Lawal Yakubu Hunkuyi Comrade A.Yanusa and Comrade Josept M.Gimba all of SSANU/ABU Zaria branch.