THE GOVERNING COUNCIL OF THE INDUSTRIAL TRAINING FUND & ANOR V. JOINT ADMISSIONS AND MATRICULATIONS BOARD

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): The appellants commenced an action as plaintiffs at the Lower Court in Suit No. FHC/ABJ/CS/13/07 by an Originating Summons dated and filed on the 22nd day of January, 2007 before Hon. Justice G. O. Kolawole, seeking the determination of the following questions against the respondent as defendant therein:

1. Whether by virtue of Section 6(1) of Decree 47 of 1971 as amended by the Industrial Training Fund Act, Laws of the Federation 1990 that the Defendant is statutorily mandated to register with the plaintiffs and contribute to the fund.

2. Whether by virtue of Section 14 of Decree 47 of 1971 as amended up to date that the Defendant falls within the category of employers that are liable to contribute to the plaintiffs.

3. If the answers to questions 1 and 2 are in the affirmative, then plaintiffs therefore seek for the following reliefs:

a. A declaration that the Defendant is within the contemplation of Decree 47 of 1971 as amend…