Justice Osatohanmwen Obaseki-Osaghae, has dismissed an objection filed by the Shell Petroleum Development Company of Nigeria Limited.
The court on Thursday dismissed the objection challenging the court’s jurisdiction to hear a suit case brought by Johnson Ogbum, deeming it without merit.
The case is before the Abuja division of the National industrial court.
Background
Mr Ogbum’s case revolves around the termination of his employment from Shell Petroleum Development Company of Nigeria Limited.
He alleges that the company violated the guidlines for the release of stafff in the Nigerian Oil and Gas Industry by not obtaining consent or approval from the Minister of Petroleum Resources through the Nigerian Upstream Petroleum Regulatory Commission before his dismissal.
In response, Shell Petroleum Development Company of Nigeria Limited, the first defendant/applicant, lodged a Preliminary Objection seeking to dismiss the claims due to a lack of jurisdiction.
They also requested the removal of the Minister of Petroleum Resources and the Nigerian Upstream Petroleum Regulatory Commission as the 2nd and 3rd Defendants/Respondents.
They contended that they were not necessary parties in the case, citing the absence of a co-employer or triangular employment relationship.
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The legal team representing Shell Petroleum argued that the court had no jurisdiction to entertain any claims seeking to direct the Minister of Petroleum Resources and the Nigerian Upstream Petroleum Regulatory Commission to impose penalties or sanctions.
They further argued that these actions fell under the administrative authority of the aforementioned entities, not within the purview of the court.
In contrast, Ogbum’s counsel maintained that the court had jurisdiction to hear the case and urged the court to dismiss the objection with costs.
Court’s decision
In his judgment, Justice Obaseki-Osaghae stated that Shell Petroleum’s assertion regarding the court’s powers being limited under the guidelines did not align with Section 6 (6) (b) of the 1999 CFRN.
The court further ruled that Mr. Ogbum had the right to seek these reliefs both as an employee and as a Nigerian citizen, as the matter pertained to public policy and employment rights within the petroleum industry.
Consequently, the Minister of Petroleum Resources and the Nigerian Upstream Petroleum Regulatory Commission were deemed appropriate and necessary parties to the case.
The judge held that the court has full jurisdiction to handle the entirety of the claimant’s case and the associated reliefs.
He also affirmed that the claimant has the legal standing to sue.
Justice Obaseki-Osaghae dismissed Shell’s objection, and awarded the Mr Ogbum a N50,000.00.cost.
