Terminal operator appeals judgment on disengaged dockworkers

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The operator of Terminals C and D, Lagos Port Complex Apapa, ENL Consortium, has sought the leave of the Court of Appeal to appeal against a judgment of the National Industrial Court of Nigeria (NICN) filed by some disengaged dockworkers against the company.

The terminal operator, in a statement made available to The Guardian said there was a suit between some dockworkers who voluntarily disengaged from service in 2016 and ENL Consortium at the National Industrial Court of Nigeria (NICN) in which judgment was delivered on February 25, 2020.

In the said matter, the dockworkers were the claimants while ENL was the defendant.“The judgment by the National Industrial Court was partly in favour of the claimants and partly in favour of the defendant.

“Based on the provisions of Section 243(3) of Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the decision of the Supreme Court in the case of SKYE BANK PLC v IWU (2017) 16 NWLR (PT. 1590) 24, leave of the Court of Appeal is required to appeal against the aforesaid judgment.

“ENL has a pending application at the Court of Appeal praying for the leave of the Court of Appeal to appeal against a part of the aforesaid judgment. ENL also has a pending application at the Court of Appeal, praying for stay of execution of the judgment and restraining the compliance with the order made in the judgment pending the determination of ENL’s application for leave to appeal.

“The claimants also have a pending application at the Court of Appeal praying for leave to cross appeal against another part of the same judgment.

“Despite the pendency of these applications, the claimants obtained certain orders from the National Industrial Court, ex-parte on the 3rd day of November 2020.

“ENL has by virtue of the provisions of the National Industrial Court of Nigeria (Civil Procedure Rules), 2017 applied to the Court to set aside the orders and the application is pending before the National Industrial Court of Nigeria. The return date for the matter is Wednesday 18th day of November 2020.

“As a responsible and law abiding corporate citizen, ENL is confident in the adjudicatory system and would abide by the final decision of the Appellate Courts in respect of the issues in dispute,” the company said.