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Act is still extant. I think I should not even then
delve too deeply into this question as the
transformation into National Insurance Plc has been
duly accomplished by mere registration under
CAMA and not by any Act of the National Assembly
as such. It is also interesting to note that NICON
Insurance plc still retains its registered name as
"NICON" under the NICON Act. From my reasoning
above it is my view that this question therefore
does not admit discussing whether or not the
NICON Act has been repealed by implication as it
cannot be on the peculiar facts of this matter.
What has emerged so far from the foregoing
resume is that at all material times to this action,
the letter of appointment and the Handbook heavily
relied upon by the appellant in this matter have
been entered into with NICON, which have been
predicated upon NICON Act and therefore subject to
the provisions of S.26(2) (supra) long before even
transforming into NICON Insurance plc. There is
therefore, no way one can avoid relying on NICON
Act in examining the employment relationship
between the instant parties. It is upon that basis
that I make the proposition that the appellant
having conceded as per his counter affidavit and
pleadings as I shall show fully anon that his
conditions of employment are predicated on his
letter of employment and the Handbook cannot be
seen to have opted out of being bound by Section
26(2) (supra). He cannot pick and choose in the
circumstances. There is no doubt that his conditions
of service are subject to the provision of Section