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Service state that: "No step shall be taken by a staff without the consent of the Corporation to institute legal proceedings for libel or slander in connection with matters arising out of his official duties." "Notwithstanding" in Section 26(1) of the NICON Act means that no provision of the NICON Act itself, or any statute made under it, or any legislation or guideline, Condition of Service Handbook shall be allowed to prevail over the provision of Section 26(1) supra. The expression notwithstanding is a term of exclusion. The conditions of service Handbook is in the circumstances relevant at trial, but not at this stage of deciding whether pre-action notice should be served on the respondent. The respondent never waived his right to rely on Section 26 supra. Pre-action Notices are recognized procedural provisions. They give the defendant breathing time so as to enable him to determine whether he should make reparation to the plaintiff. See: Ngelegia v. Tribal Authority Nongowa Chiefdom 1953 14 WACA p.325 at p.327 Legislation, for example the NICON Act, which prescribes conditions to be fulfilled before a suit can be instituted against NICON in no way constitutes a denial of the right of access to the court of anymore wishing to sue NICON. Section 26(2) of the NICON Act which states the conditions to be fulfilled before a suit is filed against NICON PLC is not unconstitutional or inconsistent with 6(6)(b) of the Constitution. See: Gambari v. Gambari 1990 5
NWLR pt.152 p.572 Obada v. M. G. of Kwara State 1994 4 NWLR pt.336 p.26 Section 26(2) of the NICON Act is a condition precedent for the institution of a suit against NICON PLC. Judicial powers exercisable by the courts under Section 6(6)(b) of the Constitution are limited to conditions precedent. Once, as in this case, legislation (NICON Act) provides for a condition precedent before a court has jurisdiction, that condition must be fulfilled subject to recognized exceptions. The suit would be incompetent if the court does not ensure that there is compliance with the condition precedent. See: Madukolu v. Nkemdilim 1962 2 SCNLR p.341 There is no dispute, and the Record of Appeal is clear on the point that the appellant did not serve the respondent a pre-action Notice. The issue is whether the appellant ought to have served the appellant a pre-action Notice. Section 26(1) and (2) of the NICON Act States that: (1) Notwithstanding anything in any other enactment, no suit against the Corporation, a director or any officer or servant of the corporation for any act done in pursuance or execution or intended execution of any enactment or law, or of any public duties or authority, shall lie or be instituted in any court, unless it is commenced twelve months next after the act, neglect or default complained of or, in the continuance of damage or injury, within twelve months next after the ceasing
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GODWIN UGWUANYI v. NICON INSURANCE
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2 ACTION - PLEADINGS: Whether parti
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instant matter. That said; if I may
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initiating any actions by due proce
Page 9 and 10: face of the record thereafter. In o
Page 11 and 12: (Pt.355) 171, Kano State Developmen
Page 13 and 14: irregularity by an application chal
Page 15 and 16: conditions to be fulfilled before a
Page 17 and 18: same shall have been served upon th
Page 19 and 20: case is in consonance with judgment
Page 21 and 22: appellant was correct not to serve
Page 23 and 24: violation of some principle of law
Page 25 and 26: Effect of unchallenged averments/de
Page 27 and 28: Dissatisfied with the decision, the
Page 29 and 30: for service of pre-action notice be
Page 31 and 32: other things not specifically there
Page 33 and 34: until repealed not having been cont
Page 35 and 36: of service agreed with NICON and no
Page 37 and 38: Act is still extant. I think I shou
Page 39 and 40: 26(2) simply put is to serve pre-ac
Page 41 and 42: severally including the appellant.
Page 43 and 44: so the appellant cannot be seen to
Page 45 and 46: corporation before the expiration o
Page 47 and 48: with the power to deal with matters
Page 49 and 50: & Ind. Engr. Co. Ltd. (1986) 1 NWLR
Page 51 and 52: this question by both parties to th
Page 53 and 54: matter. Besides, I hold this view i
Page 55 and 56: judgment of my learned brother, CHU
Page 57 and 58: NICON Act 1969 and 1990 that regula
Page 59: applicable to action based on contr
Page 63 and 64: "...The issue in that case was a ma
Page 65 and 66: thereof, or any officer of a local
Page 67 and 68: struck out the case for lack of jur
Page 69 and 70: never a hearing of the appellant's
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