Applicants, which borders on employment disputes already covered by the Nigerian
Municipal Courts. In furtherance of this argument he submitted his defense that the
Applicants should have exhausted themselves of internal mechanism via Section 178
of the Armed Forces Act Cap A20 of the Laws of the Federal republic of Nigeria
2004. This issue has not been the major grounds of Preliminary Objection as
submitted by the Respondent but it raises the issue of exhaustion of local remedies
and should therefore not be left out unaddressed. It is on this note that the Court has
decided to consider and determine the submission that was raised by the Respondent
in his response to the Applicant’s case. On the requirement of the exhaustion local
remedies, this Court has in its jurisprudence held in series of decided cases that
exhaustion of local remedy is not a pre-condition to access this Court. In the case of
Valentine Ayika v Liberia (2012) CCJ/JUD/09/12 is not a condition precedent to
access this Court and this Court so holds.
After considering the ground for the Preliminary Objection and the responses from
the Applicant, the Court is of the view that the Preliminary Objection is unfounded
and not supported by any reasonable grounds.
The Court having considered and examined the submissions of the parties including
the authorities relied on, the Court is of the view that it has mandate to hear and
determine this application pursuant to Article 9 (4) and 10 of the Protocol as
amended. In consequence thereof, this Court hereby declares that the application is
admissible and also that it has mandate to hear and determine the application before
it and the Court so holds.
ISSUES FOR DETERMINATION
The Court has to consider the following issues for determination:
a. Whether the Applicants’ right to fair hearing was violated
b. Whether the Applicants’ right to work was violated
a. Whether the Applicants’ right to work was violated
The Right to work contemplates rights that are assessory to it which together they
form the right to work. It includes among others the following:
Right to know the terms of engagement
Right to receive equal remuneration for equal job
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