CORAM

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RAPHAEL CHIKWE AGBO, JUSTICE COURT OF APPEAL

MUHAMMED L. SHUAIBU, JUSTICE COURT OF APPEAL

BALKISU B. ALIYU, JUSTICE COURT OF APPEAL

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PARTIES

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GOVERNMENT OF AKWA IBOM STATE & ORS

APPELLANTS 

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AYAGWUNG JOSHUA MATHEW & ORS

RESPONDENTS 

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AREA(S) OF LAW

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AREAS OF LAW: ACTION, APPEAL, LABOUR LAW, LAW OF CONTRACT, LOCUS STANDI, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The Claimants filed a complaint before the National Industrial Court sitting at Calabar Judicial Division alleging that the termination of their appointment by the Akwa Ibom State Government through a radio announcement was wrongful and they therefore claimed declaratory reliefs, general damages, and cost of the suit among other reliefs.

Upon being served with the originating process, the Appellants filed a notice of preliminary objection, praying the lower court to strike out the suit for lack of jurisdiction on the grounds that the Claimants/Respondents lacked the collective right to institute the action in a representative capacity and that each of the Claimant/Respondents has a separate cause of action against the Defendants/Respondents.

After hearing argument of the respective parties on the preliminary objection, the learned trial judge dismissed the preliminary objection and assumed jurisdiction to hear the suit. Miffed by the said ruling, the Appellants appealed to this court after leave was sought and obtained.

 

 

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HELD

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Appeal Allowed

 

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ISSUES

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 Considering the facts that the respondents commenced the suit in a representative capacity, whether the learned trial judge was vested with the jurisdiction to entertain the suit against them?

 

 Whether the respondents are vested with the locus standi to sue on behalf of other persons without any authorization from those other persons.

 

 

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RATIONES DECIDENDI

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REPRESENTATIVE CAPACITY – INGREDIENTS THAT MUST EXST FOR AN ACTION TO LIE IN A REPRESENTATIVE CAPACITY

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“The provisions of Order 13 rule 1 of the National Industrial Court of Nigeria (Civil Procedure) Rules 2017, provides that all persons may be joined in one action as claimants in whom any right to relief is alleged to exist whether jointly or severally and judgment may be given for such claimant(s) as may be found to be entitled to relief and for such relief as the claimant may be entitled to without any amendment.

It is clear for the above that the persons suing in a representative capacity must have the same interest in the proceeding.  Thus, the subject matter must evince a common interest as opposed to diverse interest, common grievance and reliefs sought must in their nature be beneficial to all the representatives and those represented.  See Ayinde & Ors –V- Akanji & Ors (1988) LPELR – 676 (SC) per CRAIG JSC (pp 26 – 27 paras F.  Also in Ezendu –V- Ekwoaba (1998) 9 – 10 SC 143 at 152, the apex court has held that for an action to lie in a representative capacity the following must co-exist:-

(a) there must be a common interest,

(b) there must be a common grievance, and

(c) the relief claimed must be beneficial to all.

– PER M.L.SHUAIBU, J.C.A

 

 

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REPRESENTATIVE ACTION – WHETHER PERSONS BEING REPRESENTED IN A REPRESENTATIVE CAPACITY CAN HAVE DIVERSE DOMESTIC INTEREST

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“I have stated earlier that by the provisions of Order 13 rule I of the National Industrial Court of Nigeria (Civil Procedures) Rules 2017, the persons being represented and the persons representing them must have the same interest in the cause or matter.  Not only that, the grievance which they all have must be common grievance.  In the case at hand, the respondents and others on whose behalf they claimed to be representing in representative capacity had varied and diverse domestic interests.  In Enugunum & Ors –V- Chevron (Nig) Ltd (2014) LPELR – 24088 (CA), ABUBAKAR, JCA (as he then was) had re-affirmed the already settled legal position that contract of employment is personal to each employee, employees cannot have a collective right to sue for breach of terms of their contract of employment jointly and severally”. PER M.L.SHUAIBU, J.C.A

 

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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Court of Appeal Rules 2021.

National Industrial of Nigeria (Civil Procedures) Rules 2017

 

 

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