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IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS BEFORE HER LORDSHIP HON. JUSTICE O.A. OBASEKI-OSAGHAE DATE: APRIL 20, 2012 SUIT NO. NIC/LA/88/2011 BETWEEN Onyekachi Uko - Claimant AND Footwear and Accessories Manufacturing & Distribution Plc - Defendant REPRESENTATION Mr. N.C. Okwarauba for Claimant. Mrs. A. Akindiji for Defendant. RULING This is a motion on notice brought by the defendant pursuant to Order 11 Rule 1 of the National Industrial Court Rules 2007, Rule 17 of the Rules of Professional Conduct for Legal Practitioners made pursuant to the Legal Practitioners Act LFN 2004 and the inherent jurisdiction of the court praying for the following: An order restraining Mr Nestor Okwarauba, a legal practitioner from further appearing on behalf of the claimant herein; And for such further or other orders as this Honourable court may deem fit to make in the circumstances. Accompanying the motion is an affidavit which was not sworn to before the Commissioner for Oaths even though the oath was paid for by the defendant; and a written address for which no filing fee was paid. In reaction to the motion, the claimant swore to a 21 paragraph counter affidavit on the 20th January 2012 and filed a written address in opposition to the motion. In considering this application, I find that there is no supporting affidavit as required by Order 11, Rule 1 (1). All that is before me is merely the motion on notice which is not in compliance with Order 11 Rule 1 (1) of the Rules of this court which provides as follows: 1. (1) Where by these Rules any application is authorized to be made to the court, such application may be by motion supported by affidavit or by notice, and shall state under what rule of Court or Law the application is brought. Every motion or notice shall be served within 5 days of filing. Furthermore, in the Regulations regarding fees particularly Regulation 5 stipulated in Appendix 3, Order 31, Rule 2 of the Rules of this court, no document shall be used in any legal proceeding unless the proper fee has been paid. No fee was paid by the defendant in respect of the written address which counsel purportedly adopted. Consequently, the motion and written address are incompetent and struck out for non-compliance with the Rules of court. I make no order as to costs. Ruling is entered accordingly. ……………………..……………… Hon. Justice O.A. Obaseki-Osaghae