Industrial Court Dismisses Case Filed 23 Years After Cause Of Action Arose

The Presiding Judge, Owerri Judicial division of the National
Industrial Court, His Lordship, Hon. Justice Ibrahim Galadima has
dismissed the suit filed by Mr Sebastian Iwudibia against National
Pension Commission and 3 others, demanding his 23 years outstanding
pension and annuity entitlement for being stale, time and
statute-barred that the claims cannot be revived.

The court held that allowing the suit will open a flood gate of
potentially needless litigations which is ultimately against public
interests.

Counsel to the National Pension Commission-4th defendant
contended that the Claimant’s claim for recovery of the alleged 23
years’ pension benefits and annuity offend provision of the
Limitation Act, that the Claimant may have had a cause of action
before now but the opportunity was lost by his protracted inaction
and further that the commission is not a proper party to the suit
and not charged with the responsibility of paying the Pension
benefits of the Claimant.

In opposition, the Claimant’s Counsel submitted that when a
wrongful act is continuous, then a cause of action will be deemed
to be in continuous existence, argued that the 4th Defendant is
also a necessary party because if it is not made a party to this
action, the action may not be effectively dispensed with urged that
the matter be heard on merit.

Delivering the ruling, the trial Judge, Justice Galadima held
that the application to have the name of the National Pensions
Commission struck out on the ground that is not a proper party to
the suit in view of the provisions in Section 5 (1) (b) of the
Pensions Reform Act, 2014 is misguided.

“It, therefore, seems the cause of action arose in 1994 but it
took the Defendant another 21 years before he could put up a formal
demand for the payment of his pension by PTAD. From the facts
available before this Court, it was from 2015 therefore that the
Claimant began to pursue and fight for what he now alleges to be
his constitutional right. This suit was eventually filed on the
11/5/2017, 23 years since the cause of action arose.

“It is difficult to ascertain what his balances are if there are
any and so the entire suit seems whipped up merely to appeal to
sentiments rather than on pure facts and evidence. I believe
allowing this suit will open a flood gate of potentially needless
litigations which is ultimately against public interests.”

In all, the court struck out the name of the Federal Ministry of
Finance that it does not have the competence of being sued and
dismissed the matter for being stale, time and statute-barred that
the claims cannot be revived.

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