NATIONAL ELECTRICITY LIABILITY MANAGEMENT LIMITED V. EMMANUEL SUNDAY OMOTUSI & 400 ORS

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling delivered by the Federal High Court presided over by Hon Justice Abdullahi Mustapha (C.J.) on the 27th day of January 2009 dismissing Appellants preliminary objection challenging the competence of the suit before the lower Court and the Jurisdiction of the Federal High Court to hear and determine the suit.

The facts giving rise to this appeal are briefly that the 401 Respondents in this appeal, as joint Plaintiffs commenced action against the Appellant by originating summons at the Federal High Court claiming the following:

1. A DECLARATION that by virtue of the Federal government circular No. SWC/S/104/S.8/25 dated 11th May 1999 which emanated from the Presidency, Office of the Chairman salaries, income and wages commission, the Plaintiffs who are retired from the National Electric Power Authority in the year 2000 are entitled to an increase of 1500% on their pension.

2. A DECL…