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not by any provisions outside these defined
precincts; and that the said Handbook has impliedly
excluded the application of Section 26(2) of the
NICON Act by expressly mentioning the nature of
cases requiring pre-action notices as follows:
"No step shall be taken by a staff without the
consent of the corporation to institute legal
proceedings for libel and slander in connection
with matters arising out of his official duties".
Clearly the instant matter is neither libel nor
slander and cannot by any stretch of the foregoing
provision come within its contemplation. It is
submitted that having specifically so provided that
the instant case not having been covered by that
provision does not come within the ambit of the
cases requiring pre-action notices to be served on a
defendant as the respondent here. Besides, that it
is even moreso as contended by appellant where
NICON has been transformed into NICON Insurance
Plc and now a privatised and commercialised
company registered under the Companies and
Allied Matters Act and totally governed by CAMA in
every respect. In other words, that it has shed off
its status as NICON simplicita as stipulated in
NICON Act to assume the status conferred on it
under CAMA. It remains to be seen if these
propositions are tenable on the peculiar facts.
Let me observe pre-emptorily that these
arguments appear to me as spurious in that the
instant letter of appointment and the Handbook
relied on here by the appellant are the conditions