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ABUBAKAR ABDULRAHMAN V. NIGERIAN NATIONAL PETROLEUM CORPORATION

(2020) JELR 110196 (SC)

Supreme Court  •  SC.103/2007  •  5 Jun 2020  •  Nigeria

Coram
Nwali Sylvester Ngwuta JCA Olukayode Ariwoola JCA John Inyang Okoro JCA Amina Adamu Augie JCA Uwani Musa Abba Aji JCA

Appearances
A. A. Manta, Esq. For the Appellant(s) Paul Usoro, SAN, with him, Nnamonso Ekanem, SAN and Ime Edem-Nse For the Respondent(s)

Judgement

UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): The appellant vide an originating summons dated 9/7/2003 sued the respondent asking for the payment of his pension and medical benefits following the termination of his employment with the respondent on basis of his “service no longer required”, vide letter of termination dated 26/4/2000. The respondent by a preliminary objection dated 5/11/2003 prayed for the dismissal of the appellant’s suit pursuant to Section 12(1) of the NNPC Act, LFN, 2004. The trial Federal High Court, Per Liman, J, ruled that the action was not caught up by Section 12(1) of the NNPC Act, being a right to pension and other benefits not limited by the said Act. Pissed by the ruling against it, the respondent appealed to the lower Court, who gave judgment in its favour, hence the appeal by the appellant.

The appellant’s issues for determination are:

1. Whether the Court of Appeal was right when it held that the cause of action in ibis suit accrued on th…

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