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MANAGEMENT OF GULF OIL COMPANY (NIGERIA) LIMITED (GOCON) AND NATIONAL UNION OF PETROLEUM AND NATURAL GAS WORKERS (NUPENG) (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT S.O. KOKU, ESQ. - MEMBER ALHAJI Z.M. BELLO - PRESIDENT SUIT NO: NIC/1//85 DATE OF RULING - FRIDAY, 21ST JANUARY, 1986 LABOUR LAW - National Industrial Court - Hearing of appeal - Where there is sufficient evidence before it to appeal - Need for to hear same. ISSUE: Whether the Respondent's application to dismiss the Appellant's objection on the ground that it was frivolous, vexatious and an abuse of the process of the court could succeed in the circumstances of the case. FACTS: The Respondent filed an application before the National Industrial Court for an dismiss the Appellant's objection to the Award of the Industrial Arbitration Panel, ground that it was frivolous, vexatious and an abuse of the process of the court. It was the Respondent's contention that there was no sufficient evidence before the court to decide the Appellant's appeal. The Respondent's motion was stoutly resisted by the Appellant's counsel on the grounds that there was no legal basis for the dismiss matter which has been referred to the court; that once a matter is referred to the court, it should determine the matter and its decision should be final, and; that there was sufficient evidence before the court to enable it decide the matter. HELD: (Dismissing the Respondent’s application): On Duty on National Industrial Court to hear an appeal where there is sufficient evident before it- The National Industrial Court will hear an appeal where there is sufficient evidence, which will enable it to give adequate consideration to the appeal. In the instant case, the evidence of the Respondent’s witnesses, as well as the papers filed before the court by both parties, and the award of the Industrial Arbitration Panel, constitute sufficient evidence, which e the court to give adequate consideration to the appeal. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER