HON. EUGENE DIBIAGWU V. HON. WALTER IKECHUKWU UZONWANNE & ORS

RAPHAEL CHIKWE AGBO, JCA (Delivering the Leading Judgment): The Respondents in this appeal are parties to Suit No. NICN/OW/64/2015 pending at the National Industrial Court. The 1st Respondent is the claimant in that suit while the 2nd to 4th Respondents are defendants. In the said suit, the claimant is claiming outstanding salaries, emoluments and allowances. The Appellant applied to that Court to be joined in the suit as an interested party. The Court refused. The Appellant filed this appeal. The issue that falls to be determined is whether this Court has jurisdiction to entertain this appeal arising from the ruling of the National Industrial Court refusing the Appellants application to be joined as a party which matter does not arise from Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999.

The main issue therefore is whether this Court can exercise jurisdiction over matters not covered by the Fundamental Rights Provisions of the 1999 Constitution.

There have been co…