Justice Obaseki-Osaghae Rules Against Engr. Nasir Shinkafi & 7 Others for Filing Out Of Time

Hon. Justice Osatohanmwen Obaseki-Osaghae of the Abuja Judicial Division of the National Industrial Court has dismissed salaries, allowances and entitlement claims from May 2017 to November 2018 filed by Engr. Nasir Shinkafi and 7 others against the National Health Insurance Authority for filing out of time.

Justice Obaseki held that Engr. Nasir Shinkafi and 7 others’ filing of the case against the National Health Insurance Authority, a public officer outside the three-month limitation period as provided by the Public Officers Protection Act has robbed the Court of the jurisdiction to entertain the case.

From facts, the claimants- Engr. Nasir Shinkafi and 7 others had averred that their total salaries, allowances and entitlements as computed is the sum of N102,689,956.34 which the National Health Insurance Authority failed, refused and neglected to pay to them despite repeated demands. They stated that none of them collected or took any salary or allowances from their former offices on secondment when they were asked to step aside by the Health Authority.

In defense, the Defendant- National Health Insurance Authority stated that the Supervising Honourable Minister of Health acting within the colours of his office, issued a directive that the Engr. Nasir Shinkafi and 7 others and seven (7) other persons purported secondment, done without regard for due process should be rescinded and were directed to immediately return to their principal employers.

The National Health Insurance Authority stated that it is not aware of any failed attempt by Engr. Nasir Shinkafi and 7 others to resume at their Parent Employers after the Honourable Minister’s Directive and averred that the suit is a subterfuge instituted by the Claimants to reap where they have neither worked nor rendered any service.

The National Health Insurance Authority through the Notice of Preliminary urged the Court to dismiss the case for lack of Jurisdiction on the ground that the case was filed out of time by virtue of the Public Officer Protection Act, and lack of proper parties amongst others.

In opposition, the learned counsel to Engr. Nasir Shinkafi and 7 others submitted that the National Health Insurance Authority is not a public officer within the meaning of section 2 of the Public Officers Protection Act (POPA) and the POPA does not apply to matters on recovery of land or contract.

Counsel argued that on the evidence, the National Health Insurance Authority requested for his clients and they were released on secondment. It was his submission that Engr. Nasir Shinkafi and 7 others’ secondment by the Defendant was therefore proper and valid in law and urged the Court to grant the reliefs sought.

However, Learned counsel to the Health Authority John Itodo Esq submitted that none compliance with the provisions of the Guidelines and or the PSR marred the entire secondment with crass irregularities and therefore void ab initio, and urged the court to dismiss the case in its entirety.

In a well-considered judgment, the Presiding Judge, Justice Obaseki-Osaghae restated that a Court is only competent to entertain a case when the subject matter of the case is within its jurisdiction, and no feature in the case prevents the Court from exercising its jurisdiction, and the case comes before the Court initiated by the due process of law upon the fulfilment of any condition precedent to the exercise of jurisdiction.

The Court acknowledged that Engr. Nasir Shinkafi and 7 others served a pre-action notice on the National Health Insurance Authority on 11th November 2020 and filed the case on 5th February 2021 specifically three (3) years and ten (10) months after accrual of cause of action.

Justice Obaseki-Osaghae held that the position of the law is that where a Claimant who might have had a legitimate cause of action brings such action outside a limitation period created by statute, the action is statute-barred and he loses his right to enforce the cause of action by Judicial process because the period of time laid down by the limitation law for instituting such action has lapsed.

The Court stated that Engr. Nasir Shinkafi and 7 others’ action should have been commenced within three months of the directive of the National Health Insurance Authority to step aside, that the Defendant being a public officer is protected by Section 2 (a) of the Public Officers Protection Act and the effect of the protection afforded public officers by the Act is to extinguish the cause of action unless proceedings are commenced within three months of cause of action.