Before Their Lordships
PHILLIP NNAEMEKA-AGU, J.C.A. (Presided)
UTHMAN MOHAMMED, J.C.A (Read the Lead Judgement)
IDRIS LEGBO KUTIGI, J.C.A.
BETWEEN
EKENE-DILI CHUKWU LTD.
V.
1. MRS. G.I AKINBOBOYE
CHIEF MAGISTRATE COURT NO. 1 LAGOS
2. THE ATTORNEY-GENERAL OF THE FEDERATION
…………………….A…………………….
MOHAMMED, J.C.A. (Delivering the Lead Judgement): This is an appeal against the ruling of Onalaja J. in which the learned trial Judge declared that the first respondent did not lack jurisdiction to entertain the complaint in case no. A/98/85- Attorney General of the Federation v. Ekene Dili Chukwu (Nigeria) Ltd., brought her for trial.
The issues raised in this appeal are two: Firstly, does the jurisdiction conferred on the National Industrial Court, under section 15(1) of the Trade Disputes Act, 1976, include criminal jurisdiction, or is it wholly civil? Courts of the Lagos State as are conferred by the Lagos State Magistrates’ Courts Law (Cap 82 of 1973 Laws of Lagos State) as amended.
The facts of this case were that the appellant, a company incorporated in Nigeria under the Companies Decree, in the course of its business had a trade dispute in its Organisation. The dispute in its organization. The dispute was taken before the Industrial Arbitration Panel which was set up under the provisions of S9(3) of the Trade Disputes Act (1976) as amended by the Trade Disputes (Amendment) Act 1977. The appellant failed to comply with the award and in consequence the Attorney General for the Federation framed the following charge against the appellants:
“CHARGE NO. A/98/85
THE ATTORNEY GENERAL OF THE FEDERATION
V.
EKENE DILI CHUKWU (NIGERIA) LIMITED
That you EKENE DILI CHUKWU (NIGERIA) LIMITED LAGOS being a body corporate under the Nigerian Companies Act 1968 in May, 1984 in Lagos failed to comply with an award of the Industrial Arbitration Panel, Lagos Nigeria as confirmed by the Minster charged with responsibility for matters relating to the welfare of Labour Pursuant to Section 9(3) of 1976 Trade Disputes Act No.7 as amended by Trade Disputes (Amendment) Act 1977, and thereby committed an offence punishable under s.9(4) of 1976 as amended by the Trade Disputes (Amendment) Act Act 1974 No. 54 Sgd. Mrs.F.O Olatunji Senior State Counsel Grade 1 for Attorney General of the Federation. Federal Ministry of Justice, Old Secretariat Marina Lagos.”
