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applicable to action based on contract as in the
instant case. Reliance was further placed on Momoh
v. Okewale 1977 6 SC p.81
Alapiki v. Gov. of River State 1991 5 NWLR pt.211
p.171.
FGN v. Zebra Energy Ltd 2002 3 NWLR pt.754
p.471
He urged this court to set aside the judgment of the
Court of Appeal and enter judgment in favour of
the appellant.
In reply learned counsel for the respondent, Mr. S.
O. Wogu argued in his brief that Section 26(2) of
the NICON Act which provides for the appellant to
give the respondent pre-action notice did not
exempt any suit whether or not arising from
specific contracts of service. Laying emphasis on
the words "No suit" in Section 26(2) supra he
argued further that if the words in a statute are in
themselves precise and unambiguous, then no
more can be necessary than to expound those
words in the natural and ordinary sense. Reliance
was placed on Oviawe v. IRP 1997 3 NWLR pt.492
p.126
Amadi v. NNPC 2000 10 NWLR pt.674 p.76
He urged this court to dismiss the appeal and
uphold the judgment of the Court of Appeal.
Before I go to the real issue I must say a thing or
two on waiver. It is the contention of learned
counsel for the appellant that the respondent
waived his right to rely on Section 26 of the NICON
Act because paragraph 3.7 of the Conditions of