The National Industrial Court sitting in Port Harcourt says it has jurisdiction to entertain the suit brought before it by over 200 dockworkers in Rivers State.
The trial Judge of the Industrial Court 11 in Port Harcourt, Justice Hauma Polycarp, declared this while ruling on a motion brought by the defendant (Port-terminal Operators) through their Counsel Barr. Chukwuka Angus, seeking the court to reverse itself on its earlier ruling, bordering on the jurisdiction of the court to entertain the suit.
Justice Polycarp averred that the motion had not shown enough covnviction while the court should nullify its own ruling as regards jurisdiction, to entertain the matter adding that he had not seen anything wrong with the decision of his former Judge in assuming the jurisdiction to hear the suit.
According to him, only the appellant court has the powers to nullify the ruling of a lower court and not a court with an alternate jurisdiction with the same court, adding that the motion was argued extensively and the court looked at the merits and demerits before arriving at its decision to hear the matter.
He ordered among other things that the ruling of the court on 5th February, 2016 as regards the subject jurisdiction subsists and therefore, dismissed the application as brought by the defendant.
The trial Judge also dismissed the application brought by the dock workers through their counsel, Barr Ogwudu Uche, challenging the application of the defendant on the jurisdiction and ruled that the claimant ought to have ruled on a counter affidavit instead of the motion.
The trial Judge however, refused to award cost against either of the parties and adjourned the matter to 20th June this year, for hearing.
Speaking to journalists, lawyer to the claimants (Dock Workers), Barr Ogwudu Uche, lauded the courts for upholding its earlier decision to hear the suit, adding that his clients approached the court to assist them recover their money owed them by the claimant.
He opined that by the decision of the court on the jurisdiction, the suit, he said was ripe for hearing.
Also speaking, lawyer to the defendants (Post-terminal Operators) Barr. Chukwuka Angus however, expressed dissatisf with the outcome of the ruling, adding that they will not appeal the Judgement but were prepared to argue their matter effectively during the trial period.