March 29, 2024

Industrial Court Rules that Abia State Limitaion Law not a Bar to Entitlement Claim

Hon. Justice Ibrahim Galadima: Ordinarily I would agree with that the matter is time barred by virtue of Section 18 of the Limitation Law of Abia State if and only if the action were one for a contract, tort or debt owed

Hon. Justice Ibrahim Galadima of the National Industrial Court of Nigeria, Owerri Judicial division, has dismissed the preliminary objection filed by Attorney General and Commissioner for Justice and Ministry of Local Govt and Chieftaincy Matters, Abia State challenging the court jurisdiction to hear matter brought by four former Abia Councilors and former Deputy Chairman Aba South Local Government seeking a court order on purported entitlements and allowances.

The court held that the provision of Section 18 of the Limitation Law of Abia State has no application to entitlement claims between the parties that the matter is not statute-barred, ordered for immediate trial. 

The claimants filed an amended writ of complaint dated the 3/06/2019, claiming jointly and severally against the Defendants for the sum of N33, 389, 148 (Thirty three Million, Three hundred and Eighty-Nine Thousand, One Hundred and Forty Eight Naira) Only being unpaid entitlements/allowances owed the Claimants as elected councilors in Aba South Local Government Council between 2008 – 2010 which the Defendants allegedly refused to pay despite repeated demand made to them.

Argued that since the Complaint is centered on contract and debts allegedly owed the Claimants, and since the cause of action arose between 2008-2010 exceeded five years from the time the cause of action arose, they are barred from instituting the matter.

In opposition, the claimants maintained that the suit is properly constituted, and therefore not statute-barred or caught by Limitation Law of Abia State that they served in Aba South Local Government and are entitled to their statutory entitlements and Allowances.

Delivering the ruling, the presiding Judge, Hon. Justice Galadima held that matters in respect to Labour or incidental to Labour, work done or due wages of Employees cannot be vitiated by Statutes of Limitation.

“Ordinarily I would agree with the 2nd and 3rd Defendants/Applicants that the matter is time barred by virtue of Section 18 of the Limitation Law of Abia State if and only if the action were one for a contract, tort or debt owed simpliciter.” Justice Galadima Ruled.

The court dismissed the preliminary objection and ordered that the matter proceed to hearing immediately.

Read full judgment here

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