A case comes before the Court initiated by due process of law and upon
fulfillment of any condition precedent to the exercise of jurisdiction.In a certain case, the Claimant commenced a suit against an organization with an Establishment Act prescribing certain conditions that must be complied with before any matter is taken to Court. For example, a Pre-Action Notice.
The question Legal Tip seeks to answer is; Can the noncompliance with any section of an Establishment Act by an applicant in commencing a suit have a negative effect?
Indeed! It will rob the Court of the jurisdiction to hear and determine any matter against the party commencing the suit. In SHAFIU V. KADUNA NATIVE AUTHORITY (1969) NWLR 25, it was held that:
“The failure to give pre-action notice is a fundamental omission, not a mere irregularity. The action is a nullity and the action should ordinarily be struck out.”
Federal Government organizations that have Established Acts and statutes must be strictly complied with in all dealings with the same. In OJONG V. DUKE (2003) 14 NWLR (Pt. 841) 590, the Court of Appeal held;
“Where a statute provides for doing an act in a particular manner, none other shall become lawful if employed.”
The requirement of the service of Pre-Action Notice was stated in FAYEMI V. LOCAL GOVERNMENT SERVICE COMMISSION & ANOTHER (2005) NWLR (Pt. 9216). The Court held;
“The place of pre-action in our procedure is foundational and the enabling law should not be treated as being merely cosmetic but goes to the root of what will vindicate an action and enable the court to exercise jurisdiction whenever such notice is necessary.”
See also, MADUKOLU & ORS v. NKEMDILIM (1962) LPELR-24023(SC)
For example, Section 20 (3) of the Police Service Commission (Establishment) Act, 2001, provides;
“No suit shall be commenced against a member of the Commission, the Secretary, Officer or employee of the Commission before the expiration of a period of one month after written notice of intention, to commence the suit shall have been served upon the Commission by the intending Plaintiff or his agent.”
Thus, the failure of a Claimant to give the prescribed one-month prior Notice (Pre-
Action Notice) robbed the Honorable Court of the necessary jurisdiction to
adjudicate upon this suit.
About the Author-
Chinelo Audrey Ofoegbunam is a dynamic, ingenious, noble, and vibrant advocate. An innovative business advanced expert who has undertaken relevant training in law and advocacy, business administration, governance, arbitration, leadership, and a host of others.
She focuses on the effective implementation of evidenced result-oriented paths, cases, fulfilled clients, and exceeds expectations. She is a generous, dedicated, and compassionate person, and indeed an advocate for justice and peace.
She has received several awards, medals of excellence, and honorary Awards for humanitarian acts. She was the best graduating student from the Chartered Institute of Arbitration (United Kingdom) in 2019, which caused her direct appointment in the Federal High Court-Alternative Dispute Resolution Centre.
Audrey is a member of several organizations to wit:
The St Vincent de Paul Society, Executive member of the Women and Girl-Child Capabilities Enhancement and Empowerment Organization (WGCCEEO), Devatop Center for Africa Development (DCAD), Nigerian Red Cross Society (NRCS), French Club Le Clezio; Young African Leadership Institute; The Nigerian Bar Association where she currently serves in an executive position as the Treasurer of the NBA Abuja Branch; The African Bar Association, Commonwealth Lawyers Association, and International Bar Association; The Nigerian Institute of Chartered Arbitrators, Chartered Institute of Arbitrators (UK), Federacion Internacional de Abogadas(FIDA); Institute of Mediation and Conciliation; Chartered Institute of Taxation, Institute of Chartered Secretaries and Administrators in Nigeria; Institute of ADR Registrars; Registrar, The Colloquium; and of the Rotary International.
Audrey is a Young African Leadership Institute Fellow, a Paul Harris Fellow, a Benefactor, an ADR Neutral, Federal High Court-Alternative Dispute Resolution Centre, and an Author of the weekly Legal Tip Series.
She speaks English, Igbo, and French; And loves playing badminton, listening to music, researching and writing, traveling, and swimming.
LEGAL TIP SERIES 87.