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SULEMAN ADISA BELLO AND AIR GABON (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT E.O. OLOWU, ESQ. - MEMBER M.S. SALEH, ESQ. - MEMBER SUIT NO: NIC/5/95 DATE OF RULING - TUESDAY, 17TH DECEMBER, 1996 LABOUR LAW Trade dispute - Reference of to National Industrial Court - Conditions precedent thereto - Non-compliance therewith - Effect. ISSUE: Whether the National Industrial Court is competent to hear the Plaintiffs suit FACTS: The Plaintiff was a general manager with the Defendant/company in Nigeria. Following some secret investigations carried out by the Defendant, the Plaintiff was dismissed from service. The Plaintiff felt that he was not given a fair hearing before he was dismissed. As a result, he issued a civil summons seeking to enforce his fundamental right to fair hearing before the National Industrial Court. In response, the Defendant filed a statement of defence in which it raised a preliminary objection to the court’s jurisdiction. HELD: (Upholding the preliminary objection and striking out the suit): On Effect of failure to comply with conditions precedent before a suit can competently be referred to the National Industrial Court - The Trade Disputes (Amendment) Decree No.47 of 1992 has not abrogated the conditions precedent stated in relevant sections of the Trade Disputes -Act before a suit can competently be referred to the National Industrial Court for adjudication. The failure of the Plaintiff in this case to comply with those provisions automatically ousted the jurisdiction of the court. The suit was therefore struck out.