“Originating Processes Dropped At Gate Not Valid Service” — National Industrial Court Strikes Out Suit Against Gideon Okoli

The suit, numbered NICN/LA/198/2022, was dismissed following a preliminary objection raised by the defendant’s Counsel, Anthony Ezeani Esq, who argued that the court lacked jurisdiction to entertain the suit for improper service of the originating processes.

The preliminary objection dated October 26, 2023, challenging the jurisdiction of the court, contended that the originating processes were not served on Applicant in accordance with Section 36(1) of the Constitution of the Federal Republic of Nigeria, which guarantees the right to fair hearing.

The defendant argued that the claimant failed to serve him personally or through substituted means as required by law. Instead, the court bailiff allegedly dropped the documents at the entrance gate of a property in Bariga, Lagos, which the defendant claimed was no longer his residence. The defendant further stated that he had relocated to the United Kingdom and was unaware of the suit until recently.

The defendant’s counsel, Anthony Ezeani, relied on several legal authorities, including ACB Plc v. Ugorji (2001) and Total E & P (Nig.) Ltd v. Emmanuel (2014), to argue that proper service of originating processes is fundamental to the court’s jurisdiction. He emphasized that failure to serve the defendant personally or through a valid court order rendered the proceedings null and void.

In response, the claimant’s counsel, Olayinka Abimbola, argued that the defendant was properly served in compliance with the rules of the court. He submitted that the affidavit of service filed by the court bailiff confirmed that the processes were left at the defendant’s last known address. The claimant’s counsel also challenged the competence of the defendant’s affidavit, stating that certain paragraphs contained legal conclusions rather than facts.

After carefully considering the arguments and evidence presented, Honourable Justice S. A. Yelwa ruled in favor of the Applicant/defendant. The court held that the service of originating processes by merely dropping them at the entrance gate of a property did not constitute proper service, especially when the defendant was no longer residing there. The judge emphasized that personal service is a prerequisite for the court to assume jurisdiction, and any deviation from this requirement renders the proceedings null and void.

Citing the Supreme Court case of Yakubu v. Gov. of Kogi State (1995), Justice Yelwa reiterated that failure to serve a party with originating processes violates their right to fair hearing under Section 36(1) of the Constitution. The court also referenced BGL Securities Ltd v. Ogban (2021), which held that improper service deprives the court of jurisdiction and renders any subsequent proceedings a nullity.

In his ruling, Justice Yelwa stated, “The non-service of the originating processes personally on the defendant/applicant from the onset of the service is improper and cannot amount to good service to warrant the main suit proceed to trial. This Honorable court hereby declines jurisdiction.”

The court struck out the suit for want of jurisdiction and ordered each party to bear its own costs.