Originating Process

This article through desk-based methodology reviews the Court of Appeal decision in Francis Johnson &n Anor. v. Comrade Emma Eze & Anor. wherein the Court held that the National Industrial Court of Nigeria (NICN) has a nationwide territorial jurisdiction hence, the provisions of the Sheriffs and Civil Process Act (the SCPA) requiring endorsement of originating process issued in one state but to be served in another is inapplicable to processes filed at the NICN. This article while taking a historical excursion into the jurisdictional evolution of the NICN highlights the impact of the decision on the mandate and jurisdiction of the NICN as a specialized court. It argues that the decision has insulated the NICN from the shackles of technicality which is capable of arising if the NICN had been made amenable to the provision of section 97, 98 and 99 of the SCPA. It further contends that the decision is a welcomed development and same should be followed in subsequent cases in order to protect the NICN from technicalities with its concomitant adverse effects.