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CORPORATE AFFAIRS COMMISSION AND AMALGAMATED UNION OF PUBLIC CORPORATIONS, CIVIL SERVICE TECHNICAL AND RECREATIONAL SERVICES EMPLOYEES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A.ADEJUMO - PRESIDENT PROF. B.B. KANYIP - MEMBER MRS.V.N.OKOBI - MEMBER SUIT NO: NIC/10/2002 DATE OFJUDGMENT - 30th APRIL, 2004 LABOUR LAW National Industrial Court – Counsel appearing before it - Duty onto ensure it takes the court very seriously - When attitude of counsel may constitute abuse of its process. LABOUR LAW National Industrial Court - Power of to award costs - Source of- Rule 27(1), National Industrial Court Rules - Exercise of-Attitude of. NATIONAL INDUSTRIAL COURT Cost - Power of National Industrial Court to award costs - Source of- Rule 27(1), National Industrial Court Rules - Exercise of- Attitude of. NATIONAL INDUSTRIAL COURT Counsel appearing before National Industrial Court - Duty on to ensure it takes the court very seriously - When attitude of counsel may constitute abuse of its process. ISSUE Whether, in the circumstances of the case the court can grant the Applicant’s application that the matter be adjourned sine die on the ground that there is a pending appeal before the court in a sister case. FACTS: Or. 28th January 2004, the National Industrial Court delivered a judgment in Suit No. NIC/1/2003 involving the same parties as in the present matter. Subsequently, the Applicant sued the Respondent claiming a number of reliefs. The Respondent filed a preliminary objection for an order striking out or/dismissing the suit for inter alia, lack of jurisdiction. The court on 10th February, 2004 adjourned the matter to 1St April, 2004 for the parties to address it on the competence of the action and the jurisdiction of the court, in view of the court’s decision in Suit No. NIC/1/03. The Respondent filed its address on 15t} March, 2004. The Applicant did not file any address, and after an adjournment at its instance, the Applicant applied that the mater be adjourned sine die. Held: (Refusing the application and dismissing the suit) 1. On Duty on National Industrial Court to ensure counsel appearing before it takes it very seriously - The National Industrial Court owes it a duty to ensure that counsel appearing before it takes the court very seriously. Thus, the argument in this case by the Respondent’s counsel that the court should adjourn sine die because the matter was before the Court of Appeal, without an order of that court restraining the court from proceeding further in the matter was an abuse of court process. 2. On Source of power of the National Industrial Court to award costs - By Rules, 27(1) of the National Industrial Court Rules, Cap.432, Laws of the Federation of Nigeria, 1990 the National Industrial Court has power to award cost in the circumstances therein stated. The position of the court, however, is that it should be careful in awarding costs.