The appellants who were applicants commenced proceedings through an ex-parte application before the Federal High Court, Lagos in Suit No. FHC/L/CS/17/2012 seeking leave to apply for judicial review against the respondents for the following reliefs:
-
a
A DECLARATION that the purported removal of the 1st and 2nd applicants Chief Orlando Olaiya Ojo and Nze Chidi Duru vide letter Ref Nos. PENCOM/INSP/SURV/FIRSTGUARNTEE/11/22 dated 12 August, 2011 and signed by one M. K. Ahmad Director-General of National Pension Commission is illegal null and void and of no effect whatsoever.
-
b
AN ORDER of certiorari removing into this Honourable Court and quashing the decision removing the 1st and 2nd applicants as Directors of First Guarantee Pension Limited contained in letters Ref. Nos. PENCOM/INSP/SURV/FIRSTGUARANTEE/11/22 dated 12 August, 2011.
-
c
AN ORDER setting all the steps or actions taken by the 1st respondent based or connected with or relating to the letters Ref. Nos. PECOM/INSP/SURV/FIRSTGUARANTEE/11/22 dated 12 August, 2011.
-
d
A PERPETUAL INJUNCTION restraining the respondents whether by themselves, their servants, agent, officers and or representatives from taking any or further action in any form whatsoever or giving effect to the decision communicated to the applicants in the letters Ref. Nos. PECOM/INSP/SURV/FIRST GUARANTEE/11/22 dated 12 August, 2011 and or Target Examination/Report dated 22 March, 2011.
The grounds for seeking the reliefs were:
-
a
The applicants are Directors of First Guarantee Pension Limited.
-
b
On Friday 12 August, 2011 the applicants were written letters signed by M.K. Ahmad purporting to remove them from office as Directors of First Guarantee Pension Limited.
-
c
he decision of the respondents was arbitrary and without regal course to the provisions of the Pensions Reform Act 2004.
-
d
The removal of the applicants as Directors of First Guarantee Pension Limited is contrary to the provisions of the Pension Reform Act 2004 and the 2011 Constitution and therefore it is illegal, null and void..
-
e
The removal of the applicants as Directors of the respondents violates the subsisting order of interim Injunction made by the Federal High Court in Suit No. FHC/ABJ/709/2011 on 11 August, 2011.
The trial Court granted the ex-parte order which was served on the respondents along with the originating processes. The 1st respondent reacted by filing a notice of preliminary objection challenging the competence of the suit on the ground that the appellants did not first issue and serve on the 1st respondent a pre-action notice of their intention to sue as stipulated in Section 95 of the Pension Reform Act 2004.
After arguments of the preliminary objection were taken, the trial Court upheld the objection and struck out the entire suit for want of jurisdiction (see pages 210-241 of the record).
The appellants appealed against the ruling to the Court of Appeal, Lagos. The lower Court allowed the appeal in part and set aside the order striking out the entire suit.
The appellants were still not satisfied with the decision of the Court of Appeal filed an appeal to the Supreme Court.
