The National Industrial Court sitting in Awka, Anambra State on Tuesday, presided over by Justice J.I. Targema has struck out a N10 million suit brought against Nigerian Breweries Plc by one Chief Geoffrey Okey Omeh, a former staff of Life Breweries Limited, Onitsha, for lack of jurisdiction.
In his judgement, after considering the submissions of counsel to both parties, Dr A. A. Orunkoya for NB Plc and J.A.C. Onuoha for the claimant, Justice Targema agreed with the submissions of Orunkoya that it lacked the jurisdiction to entertain the suit and struck it out in favour of NB Plc.
Orunkoya had in his submission, told the court point blank that it lacked the jurisdiction to entertain the suit, by virtue of section 251(1)(e) of the 1999 Constitution of FRN and section 287(3) of the same constitution.
Omeh had dragged NB Plc to the court in Suit No NICN/AWK/32/2017, seeking the payment of N10,000,089, among other reliefs from NB Plc, having served under Life Breweries Limited and had his appointment unlawfully terminated before it was acquired by NB Plc.
In his statement of claim filed on his behalf by his legal counsel, J.A.C Onuoha Esq., the claimant contended that his appointment with Life Breweries was unlawfully terminated before it was acquired by Nigerian Breweries Plc.
He further contended that Nigerian Breweries Plc having acquired Life Breweries Ltd and is now liable to assets and liabilities of Life Breweries Ltd by virtue of section 119 (1), 2(a) (b) and section 112(6) of the Investment and Securities Act 2007, should pay him all his entitlements amounting to a little above N10 million.
He, therefore, urged the court to order the NB Plc to pay him the N10,000,089 as judgement sum and damages by applying the pay package of Nigerian Breweries Plc.
But counsel to NB Plc., Dr A.A. Orunkoya Esq, argued that NB Plc is not liable to apply its pay package in the payment of any entitlement to the claimant which he was hitherto entitled to when he was a staff of Life Breweries Ltd, since the said package was not applicable to him as at then.
Orunkoya further argued that the court lacks jurisdiction to entertain the suit by virtue of section 254C (1) (J) (IV) of the 1999 constitution of FRN amendment to 3rd party alteration Act 2010, adding that the claimant is merely seeking execution of award not specifically part of the judgement of the state High Court that hitherto tried the subject matter and by this act oust the jurisdiction of the court.
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