NATIONAL ELECTRIC POWER AUTHORITY V. MR. B. EDEGBERO MR. J. O. ERUE MR. J. O. EMORDI MR. U. A. ONWUBULU MR. A. O. KADIRI MR. A. J. EMORERHI MR. B. M. JENYO MR. O. AJAYI MR. M. E. CHILAKA MR. T. ELEGUNMI MR. B. O. ENIOLORUNDA MR. U. CHUKWUOBI MR. J. OFFOR MR. B. OBALOKUN MR. KEHINDE JIMOH MR. M. OMOTOSHO

OGUNDARE, JSC (Delivering the Lead Judgment):

The main issue arising in this appeal is as to whether the High Court of Niger State had jurisdiction to hear and determine the action which was brought before it by the plaintiffs, in view of the Constitution (Suspension and Modification) Decree 107 of 1993.

The plaintiffs were former employees of the National Electric Power Authority (NEPA), the defendant. Following an industrial action by the workers of NEPA embarked upon in August 1994 the plaintiffs amongst others had, by a letter dated 10th August 1994, their appointment terminated. On 17th August they instituted various actions claiming in each: “(i) A declaration that the purported termination of the plaintiff vide a letter dated 10th August 1994 from the services of the defendant is irregular, wrongful, null and void and of no effect whatsoever.

(ii) An order reinstating the plaintiff with the defendant and the payment of plaintiff’s salaries, allowances and entitlements from the p…