OGFZA: Court rules on suspension of Omosule Dec. 12

Wednesday, November 2, 2016 3:02 pm

The National Industrial Court will rule on the alleged suspension of Fumni Omosule by the Oil and Gas Free Zone Authority on Dec. 12.

The judge, Justice Isele Esele, fixed the date on Tuesday after hearing the preliminary objection moved by Counsel to Oil and Gas Free Zone Authority, Miss Barbara Omosun.

Esele said that the court would look at the written addresses and amplification of the submissions to determine the critical issues raised by counsel.

The respondent’s counsel, Omosun, in her preliminary objection, said that the entire action was statute barred.

Omosun said that the Statute of Limitation provides that every action against any public officer or institution must be commenced within two months.

She submitted that the claimant’s action commenced five years after the action had taken place, stressing that the act took place in 2011.

The counsel contended that once a matter was statute barred, it automatically robbed the court of jurisdiction because jurisdiction was fundamental in any case.

She said that the Statute of Limitation also protected officers in the contract of employment, contending that the respondents acted in good faith.

Responding, the claimant’s counsel, Mr Kalu Nwoke, said that the Statute of Limitation would not apply in this case.

Nwoke said that it was a special defence, which must be pleaded in the statement of defence.

He said that the respondent had not filed any in the instant, but wanted to arrest the suit from the back door without any pleadings.

The counsel said that the High Court Rules provide that the statute protect only public officers and institutions that acted in good faith and not maliciously.

He said that the Oil and Gas Free Zone Authority acted maliciously by suspending his client “Olufumnilayo David Omosule ‘’ with the name “Olufumnilayo O. Funmi’’.

It will not apply if it is established that the respondent acted maliciously,’’ he said.

Omosule, a member of staff of the Oil and Gas Free Zone Authority, had challenged his alleged suspension by the Authority.

Gas Free Zone Authority had purportedly suspended Omosule through a board resolution FZA/P/088 dated April 18, 2011 and addressed to one Olufumnilayo O. Fumni.

But in the suit filed on his behald by his counsel, Mr Joseph Tobi, Omosule had urged the court to make an order mandating the respondent to pay his outstanding salaries and allowances due to him since April 2011 when the purported suspension took effect.

He also asked the court to make a mandatory order for his placement on grade level 17 and or position and grade level his mates who were Managers like him in April 2011 occupied presently in the company.

The claimant said that as at the time he was falsely relieved of his position, there were vacancies for General Managers in the respondent’s authority , which he served meritoriously for 21 years.

He said that letter bearing file number FZ/P/088 dated April 18, 2011 issued to Olufumilayo.O. Funmi notifying same of the respondent’s resolution suspending him from work was not addressed to him.

The claimant declared that his names known to the respondent upon employment which had not changed was Funmilayo David Omosule.

He contended that the purported suspension vide letter reference No FZA/P/088 dated April 18, 2011 addressed to Olufunilayo .O. Funmi was wrongful, oppressive, unjustifiable and should be made null and void.

Omosule also sought a declaration that the stoppage of his salaries and allowances on the basis of the purported suspension letter amounted to a nullity.

He said he was employed as a Manager Administration on Salary GL 12/4 with effect from Jan. 1, 2008.

The claimant said further that upon employment he was posted to head the Abuja office of the defendant as Manager, Abuja Liaison office.

He said by his letter of employment, claimant’s employment was made subject to all the conditions of service stipulated in the authority’s General Administration Manual and other instructions that might be issued from time to time.

Omosule, therefore, said that after serving the probation period his appointment with the respondent was confirmed, adding that he had earned a permanent employment status after his confirmation.

He maintained that at the time of his employment and through the years he had been in the employment he bore, Funmilayo David Omosule, as contained in his academic credentials and official file.

The claimant said except the purported suspension letter, all the letters he and respondent had exchanged, before and after, described the claimant as Fumnilayo David Omosule.

The respondent, through its Counsel, Mr Paul Erokoro (SAN), filed a notice of preliminary objection, urging the court to strike out the suit.

The Oil and Gas Free Zone Authority urged the court to declare that the suit was statue barred because the suit was instituted after the expiration of three months from when the act being complained of occurred.

The matter, which was commenced at Federal High Court, was transferred to National Industrial Court.

Justice Isele had at the first hearing of the suit on Oct. 4, urged the claimant and the respondent to go and settlement the matter out of court, and adjourned the hearing of the preliminary motion in the advent of failure of settlement till Nov. 2