Facts:

The claimants were employed as staff of the 1st defendant sometime around 2013 and 2014. During the pendency of their employment, the 3rd defendant set up a committee on personnel matters in the 1st defendant and a report was submitted to the permanent secretary of the 3rd defendant in October, 2015. A key issue for consideration by the committee was for it to look into proper placement of staff in the 1st defendant. The claimants contended that throughout the sitting of the committee, none of them was given the opportunity to state their views in the investigation by the committee.

Aggrieved over the impending implementation of the committee’s report, the claimants instituted an action by way of Originating Summons at the National Industrial Court of Nigeria seeking for the determination of the following questions:

1. WHETHER Claimants are Civil Servants within the contemplation of Section 318 of the Constitution of the Federal Republic of Nigeria, 1999, so as to be bound by the Civil Service Rules and scheme.

2. Whether upon a true and proper construction of Section 14(1) (2) and (3) of the Nigerian Maritime Administration and Safety Agency Act, the 1st Defendant, to the exclusion of every other person(s) or authority, has the power to employ suitable persons and determine the job description, title, terms, qualification and salaries of any such persons, under terms as may be stipulated by the 1st Defendant.

3. Whether the setting up of a Committee by the 3rda Defendant, or indeed any other person or authority to consider downgrading the placement, title and Job description of the Claimants under the guise of “proper placement” does not contravene the clear provisions of Section 14 of the Nigerian Maritime Administration and Safety Agency Act, and Chapter 3 of the Public Service Rules 2008 and undermines the spirit and terms of employment of the Claimants herein.

The defendants filed their responses as well as their preliminary objections seeking to strike out the suit for want of jurisdiction.