By Mustapha Gambo Muhammad
A Kano High Court presided by Justice Usman Na Abba has reserved 2nd March 2021 for ruling on the jurisdiction in a suit filed by Judiciary Staff Union of Nigeria, JUSUN, Kano Branch, challenging Kano State Government over its staff monthly salary deduction.
Presenting the Notice of Preliminary Objection, on Thursday, Counsel to the Kano State Government and other Defendants in the suit, Barrister Hussain Hussain Suleiman argued that the plaintiffs’ reliefs are issues outside the Jurisdiction of State High Court, alleging that only National Industrial Court has exclusive jurisdiction to hear matters relating to the payment of wages, allowances, the welfare of employees and any issue related to employment, labour or trade dispute.
According to the Counsel, it is in tandem with the provision of Section 254 of the Constitution of Federal Republic of Nigeria, 1999 as amended and barrister Hussain Suleiman prayed the court to strike out the matter for lack of Jurisdiction.
In his response to the Notice of Preliminary Objection, Counsel to JUSUN, Barrister Farukh I. Umar said that the entire objections of Kano State Government is misconceived, unfounded and groundless arguing that Kano State High Court has the requisite jurisdiction to hear and determine the case.
Barrister Farukh explained that the plaintiff’s case is predicated upon the interpretation of Constitutional Provision and agreement mutually and validly entered between Kano State Government and JUSUN.
The counsel to the Plaintiffs also said his client is asking the court to use its discretion under section 6 (6) (b) and 272 of the Constitution of Federal Republic of Nigeria 1999 as amended to hear and determine the case
The Counsel further argued that the State High Court has a requisite Jurisdiction to invoke its power and interpret constitutional provision and clauses of an agreement mutually entered between parties in a suit.