The Presiding Judge, Yenagoa Judicial Division of the National Industrial Court, Hon. Justice Bashar Alkali has dismissed the objection filed by the Peoples’ Democratic Party challenging the jurisdiction of the court in a matter brought by Mr. Oyaba Osomuze and 17 others on entitlement claim for lacking merit.

While ordering the matter to proceed to trial, the Court held that Mr. Oyaba Osomuze and 17 others’ suit has disclosed a reasonable cause of action against the People’s Democratic Party and the court has the requisite jurisdiction to entertain the suit.

From facts, the Claimants- Mr. Oyaba Osomuze and 17 others are seeking an ORDER directing the Peoples’ Democratic Party to pay them the sum of Eight Million, Six Hundred and Twenty-Eight Thousand, Seven Hundred and Fifty Naira (N8, 628, 750. 00) only as their monthly salaries from the month of September 2019 to June 2022.

Likewise, AN ORDER directing the Party not to further withhold their salaries and other benefits due to them until their employment is determined in line with the law, among others.

In defense, the defendant- Peoples Democratic Party prayed the court to dismiss the suit for want of jurisdiction on the grounds that the Rules of the court clearly provide for what should be contained in a proper originating process which is missing.

Learned counsel further argued that the flaws in the originating process have made the defense of the case probably impossible as the Complaint discloses no reasonable cause of action.

In opposition, the claimant counsel, A.B. Ebiki Esq. with I. Eze Esq. and Queen Bestman Esq contended that their clients have complied with the rules of the court in filing the matter and the court is clothed with the requisite jurisdiction to hear and determine the suit one way or the other and urged the court to dismiss the Party’s preliminary objection with cost

In his ruling, the presiding Judge, Justice Bashar Alkali dismissed the PDP’s objection and held that non-compliance with the Rules of Court should be treated as an irregularity and shall not nullify proceedings or vitiate proceedings once it can be shown that no party has suffered any miscarriage of justice.

“In view of the foregoing facts enumerated ab – initio and taking into consideration of the fact that the Claimants have complied substantially with the provisions of the Rules of this court and no party has suffered any miscarriage of justice, I resolved the first issue in favour of the Claimants.” The Court ruled

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