SERGIUS ONYEKWELU VS ELF PETROLEUM NIGERIA LIMITED
May 28, 2025AMINU TANKO V. THE STATE
May 28, 2025Legalpedia Citation: (2009) Legalpedia (SC) 81223
In the Supreme Court of Nigeria
Fri Feb 6, 2009
Suit Number: SC. 224/2002
CORAM
ALEXANDER, CHIEF JUSTICE. NIGERIA
PARTIES
1. J.A. ADEKOYE
2. FREDOLUYIDE
3. DAVID OKUMA
4. RICHARD ANORUE
5. OLUSEGUN FABIYI
6. ABELDENIRAN
7. J.O.EEJIKEME(Suing for themselves and on behalf of pensioners of Nigeria Security Printing and Minting Company Limited who have attained the age of 45 years)
APPELLANTS
NIGERIAN SECURITY PRINITING MINTING COMPANY LIMITED
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants and those they represent were compulsorily laid off but the appellants claimed that the respondents were Governmental parastatal and as such the appellant were entitled to enjoy rights, privileges and immunities as public servants under the 1979 Constition.
The trial court granted the appellant’s claim. On appeal, the Court of appeal allowed the appeal in part. Dissatisfied, the appellants have appealed while the respondent cross-appealed.
HELD
Main appeal struck out; cross-appeal allowed and the suit instituted at the State High Court be struck out for want of jurisdiction.
ISSUES
1.Whether the Court of Appeal was right in upholding the jurisdiction of the trial Court to hear and determine the claim for pension against the 1st Respondent, a company responsible for the Printing and Minting of Nigeria’s currency and in which the administration, management and control lies with the Federal Government of Nigeria.?
RATIONES DECIDENDI
PAYMENT OF PENSION UNDER THE PENSIONS ACT
The question of payment of pension to public servants or entitlement to payment of pension under the provisions of the Pensions Acts Cap 346, Laws of the Federation, 1990 is an issue within the administration, management and control of the 1st respondent/cross appellant within the provisions of section 230(1) of the 1979 Constitution supra and consequently that where an issue has arisen as in the instant case, between the 1st respondent and its staff or former employees, only the Federal High Court has the exclusive jurisdiction to hear and determine the dispute, not a State High Court. Per ONNOGHEN, JSC
ISSUES ABOUT JURISDICTION MUST BE RESOLVED FIRST
Whenever an issue of jurisdiction, which is usually considered a periphery issue, is raised, it must be resolved first and foremost. Per ONNOGHEN, JSC
CASES CITED
NONE
STATUTES REFERRED TO
1. Pensions Acts Cap 346, Laws of the Federation, 1990
2. 1979 Constitution
