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Tag: Preliminary Objection

  • SEC files preliminary objection against suspended DG’s suit

    The National Industrial Court, Abuja, on Thursday adjourned until Oct. 24 hearing of the preliminary objection filed by Securities and Exchange Commission (SEC), in the suit instituted against it by its suspended Director-General, Mounir Gwarzo.

    Justice Sanusi Kado, adjourned the suit after listening to submissions of counsel and ordered that hearing notice be served on the Attorney-General of the Federation who has no legal presentation in court.

    Gwarzo was suspended in November 2017, over alleged financial misappropriation.

    When the case came up for mention, the claimant counsel, Adetayo Adeyemi, told the court that all the defendants had been served with originating processes.

    Chris Uche (SAN), SEC’s counsel,said he had filed memorandum of conditional appearance and served the claimant’s counsel with preliminary objection.

    Chinedu Achumie, counsel to the Minister of Finance, acknowledged that they had been served by the claimant, but were yet to reply.

    Adeyemi acknowledged that SEC counsel had served them with preliminary objection, but they were yet to reply as they were served on Wednesday.

    The claimant is seeking a declaration that his appointment as D-G of SEC is valid, legal and subsisting.

    A declaration that the Administrative Panel of Inquiry set up by the Minister of Finance was biased, partial and against the principle of natural justice.

    The suspended D-G is also seeking an order of the court to set aside the report of the Administrative Panel of Inquiry that indicted him.

  • N1bn claim: Court dismisses Nigerian Army’s preliminary objection

    The National Industrial Court, Abuja, on Monday dismissed the preliminary objection raised by the Nigerian Army, in a suit filed by retired Col. Danladi Hassan, seeking N1 billion as damages and to void his compulsory retirement.

    Hassan who instituted the suit is seeking to void his alleged compulsory retirement, reinstatement and payment of compensatory and exemplary damages to the tune of N1 billion.

    The defendant counsel, Simon Onoja, in a preliminary objection, urged the court to strike out the suit for being incompetent due to non-fulfillment of condition precedent to instituting an action, and for lack of jurisdiction.

    Onoja raised the objection, as he claimed that the claimant did not compile with Section 178 of the Armed Forces Act.

    The Act stipulates that an officer should exhaust all administrative remedies available to him before embarking on any action to seek redress in the court of law, the counsel said.

    The Judge, Justice Sanusi Kado, in his ruling, dismissed the preliminary objections raised by Onoja.

    “The disagreement between the parties is whether the letter written to the President, Commander-in-Chief, amount to fulfillment of condition precedent provided for in Section 178 of the Armed Forces Act.

    “Based on the letter of appeal written to the President, the claimant has complied with the condition precedent before instituting his action as stipulated by the Armed Forces Act.

    “The court has also found that the pleading of the claimant has disclosed a cause of action capable of being enforced,” the judge said.

    The case was adjourned until April 19 for continuation of hearing.