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until repealed not having been controverted is
admitted - Kwusu v. Udom (1990) 1 NWLR
(pt.127) 421. Coming to the provision of Section
26(2) of the NICON Act (now Cap.54 Laws of
the Federation (2004) it is contended that the
instant action has not been exempted from the
application of its provision; and so the words, "No
suit", as used in the said section relates to any
suits including such cases as the instant one. And
that this is clearly so as this provision is
unambiguous and plain so that given its ordinary
meaning it clearly encompasses every suits that it
covers any actions causes e.t.c. for that matter.
See Oviawe v. I.R.R. (1997) 3 NWLR (pt.492)
126 at 139 E - F, and Amadi v. NNPC (2000)
10 NWLR (pt.674) 76 at 112 F - G. The
respondent has urged the court to resolve these
issues in its favour even moreso on the appellant's
misconceptions in this matter.
I have considered the submissions and counter
submissions here as proffered by the parties to this
appeal and it seems to me that the appellant's case
simply put is that the employment relationship
between the parties i.e. NICON Insurance Plc and
the appellant is regulated in the main by the
Memorandum and Articles of Association of the
Company in accordance with the Companies and
Allied Matters Act (CAMA) and the letter of his
appointment, the Company's Handbook on
conditions of services of its employees (being
collective agreements binding on the parties) and