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Professor Abel Mac Diakparomre v. Dr. Nasir Fagge & Anor

(2018) JELR 87523 (NICN)

National Industrial Court of Nigeria  •  NICN/ABJ/44/2014  •  16 Jul 2018  •  Nigeria

Coram
Hon. Justice I. J. Essien, Ph.D

Judgement

ESSIEN J (DELIVERING THE RULING): The defendants/applicants in this suit by a motion on notice dated 17th June, 2014 sought the following order from the court.

1) An order of the Honourable court striking out this suit for being incompetent and being incompetent the Honourable court lack jurisdiction to hear and determine same.

And for such further or other orders as the court may deem fit to make in the circumstances the grounds upon which the application is founded are as follows:

1) That claimant/respondent did not exhaust the grievance procedure as stated in the code of practice of the Academic Staff Union of Universities (ASUU) and

2) The defendant/applicants were not sued by the office they occupied, the complaints of the claimant/respondent against the defendant/applicant being acts allegedly performed by the defendant/applicant in the course of their official functions as officers of ASUU.

The motion is supported by a ten paragraph affidavit deposed to by the 1st defendant. The mot…

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