IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO
Before His Lordship:-
HON. JUSTICE E.D. E ISELE - JUDGE
DATE: 22nd MAY, 2019 - NICN/KN/25/2018
MOHAMMED JIBRIN MOHAMMED - CLAIMANT
YOBE STATE UNIVERSITY, DAMATURU
THE VICE CHANCELLOR YOBE STATE UNIVERSITY, DAMATURU
DR. KALLI ALKALI YUSUF REGISTRAR YOBE STATE UNIVERSITY, DAMATURU
ALI USMAN MANZO (DIRECTOR ACADEMIC PLANINIG YOBE STATE UNIVERSITY, DAMATURU - DEFENDANT
REPRESENTATIONS: Parties absent.
Abdurrazaq A. Ahmed, Esq. for the Claimant.
A. Mustapha, Esq for the Defendant.
Having heard both Counsel argue the Motion on Notice for and against the grant of an order of stay of further proceedings of this matter.
I have also considered the case of SKY BANK V. IWU (2018) All FWLR pt. 922 page 116 where the Supreme Court has held that an Appeal from this court to the Court of Appeal shall be with leave of the Court of Appeal in cases not involving fundamental rights as contained in chapter IV of the constitution on matters which the National Industrial Court has jurisdiction.
I have asked Mr. Mustapha counsel to the applicant whether pursuant to the provisions of S.47 of the NICA 2006 and O.64 R.13 (2) (e) whether he has exhibited evidence of leave granted by the Court of Appeal to pursue the Appeal, he answered with the word ‘’No’’.
That being the case; the provision to S.243 of the 1999 constitution as amended also provides.
“Provided that where an Act or Law prescribed that an appeal shall lie from the decision of the National Industrial Court to the Court of Appeal, such appeal shall be with leave of the Court of Appeal”
In the present application no such leave of the Court of Appeal is exhibited. The motion for stay is hereby refused and struck out.
The case is ordered to proceed until the Appellant/Defendant furnishes this court with a leave to appeal from the Court of Appeal.
Ruling is entered accordingly.
HON. JUSTICE E. D. E. ISELE