Judiciary
THE National Industrial Court has dismissed a notice of preliminary objection filed by the National Commission for Museums and Monuments, in a case of alleged unlawful termination suit by a former employee.
The judge, Justice Olufunke Anuwe in her ruling held that there are established exceptions to the application of Section 2 (a)of Public Officers Protection Act ( POPA), which the defendant relied on for the objection.
“One of the established exceptions is that POPA does not apply to cases whose cause of action or subject matter is contract or breaches of contract or claims for work and labour done
“Section 2 (a)POPA does not apply to contract of service. Once it is shown that the suit is founded on contract of service, POPA will not operate to bar the action, even if the suit was filed outside three months of the accrual of the cause of action.
“In this suit, the subject matter of the claimant’s suit is his contract of employment with the first defendant.
“In the circumstance, I hold that section 2 (a)of POPA does not apply to this suit, being a matter founded on contract of service.
“The result is that I find no merit in the notice of preliminary objection and it is accordingly dismissed”, the judge ruled
Mr Morgan Ojonugwa, the claimant instituted the suit on Oct.11,2021 against the commission for the alleged unlawful termination of his employment in May, 2013.
The defendant had by way of response to the suit filed a notice of preliminary objection.
The defendant had brought the objection pursuant to the provision of the section 2 (a) of POPA that limits time within which an action must be instituted against a public officer .
By the provision, an action against a public officer must be commenced within three months from the date the cause of action arose except in the case of continuance of the damage or injury.
This means a claimant must institute the action within three months after the cessation of the damage or injury.
Failure of a claimant to commence the suit within the prescribed period, his right of action in respect of that cause will be statute barred and the court will not have jurisdiction to entertain the suit.
The court however in its ruling had submitted otherwise that the extant suit carried the exceptions as provided by POPA, being a matter founded on contract of service.
From facts, the claimant’s salary was stopped in April 2013, and in May 2013, the claimant was told to stop coming to the office.
The claimant therefore filed the suit on Oct. 2021, praying for declarations and orders of the court which include payments of benefits amongst others.
The court in addition directed the defendant to proceed to cross examine the claimant and adjourned the matter until March 15, for hearing (NAN)
A.I
Tags: Justice Olufunke Anuwe Mr Morgan Ojonugwa
