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CORAM

ALOMA MARIAM MUKHTAR, JUSTICE, SUPREME COURT

ALOYSIUS IYORGYER KATSINA – ALU, JUSTICE, SUPREME COURT

ALOMA MARIAM MUKHTAR, JUSTICE, SUPREME COURT

CHRISTOPHER MITCHELL CHUKWUMA – ENEH, JUSTICE, SUPREME COURT

MUHAMMED SAIFULLAH MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT

ALOMA MARIAM MUKHTAR, JUSTICE, SUPREME COURT

PARTIES

NATIONAL UNION OF ELECTRICITY EMPLOYEES. MR. PRECIOUS KIRI- KALIO. APPELLANTS

BUREAU OF PUBLIC

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants wanted to have an industrial action to frustrate the planned privatization of NEPA. The trial court struck out the case denying jurisdiction. The court of appeal upturned the decision

HELD

Appeal dismissed.

ISSUES

1. Whether the claim in this suit is a trade dispute and so within the exclusive jurisdiction of the National Industrial Court (NIC). ?

RATIONES DECIDENDI

LIMITS TO JURISDICTION OF THE STATE HIGH COURT

“Jurisdiction of the State High Court as conferred by the Constitution can only be curtailed or abridged or even eroded by the Constitution itself and not by an Act or law respectively of the National Assembly or State House of Assembly.” Per CHUKWUMA-ENEH, J.S.C

THE CONSISTENCY TEST DETERMINES VALIDITY OF LAWS.

“Under the consistency test that the validity of any law is determined by its consistency with the provisions of the Supreme Law, that is, the Constitution. So that where any law is inconsistent with any provisions of the Constitution, such other law shall to the extent of the inconsistency be void, in support of this proposition.” Per CHUKWUMA-ENEH, J.S.C

CASES CITED

1. Military Governor of Ondo State v. Adewunmi (1988) 3 NWLR (pt.82).2. Attorney General of Ondo State v. Attorney General of the Federation & Ors. (2002) 9 NWLR (Pt. 772) 2223. Attorney-General of Abia State v. Attorney-General of the Federation (2002) 6 NWLR (pt. 763) 264

STATUTES REFERRED TO

1. Constitution of the Federal Republic of Nigeria

2. Trade Disputes (Essential Services) Act

CLICK HERE TO READ FULL JUDGMENT

May 19, 2025

NATIONAL UNION OF ELECTRICITY EMPLOYEES & ANOR. V BUREAU OF PUBLIC

Legalpedia Citation: (2012) Legalpedia (SC) 61161 In the Supreme Court of Nigeria Sat Feb 25, 2012 Suit Number: SC. 62/2004 CORAM ALOMA MARIAM MUKHTAR, JUSTICE, SUPREME COURT […]