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The appellant was recruited by the Respondents in March 2005 through their recruitment agency in South Africa, as the Managing Director/Chief Executive Officer of the Respondent. On assumption of duties, he found that the 1st Respondent was in a dire condition, and thus set to work and was able to revive the 1st Respondent and bring it back on the path of profitability. In the course of his work, the appellant observed several incidents of financial recklessness and gross violation of corporate governance ethics in the operation of the 1st Respondent, and therefore made a complaint to the 2nd Respondent, who is the Chairman and alter ego of the 1st Respondent.
Following the complaint, the 2nd Respondent engineered and compelled the appellant’s resignation which was alleged to be made under duress. Upon his forced resignation, the appellant was ordered to vacate his office and official premises. Thus, the appellant filed his claim in the Federal High Court.
The Respondent on this note filed a preliminary objection on the ground that it is the National Industrial Court and not the Federal High Court that had jurisdiction to adjudicate over the suit, and thus prayed the lower court to strike out the matter for lack of jurisdiction.
After hearing the Preliminary Objection raised by the Respondents and the appellant’s reply to same thereof, the lower court, therefore, struck out the matter.
Aggrieved with the ruling of the lower court, the appellant appealed to the court of appeal.