A Federal High Court in Ikeja on Tuesday struck out a N50 million suit brought against a Lagos-based Indian firm, Celplast Industries Nigeria Ltd., by five of its ex-workers.
The ex-workers are Ejike Okonkwo, Unyime Udom-Akpan, Uchenna Ozoemenam, Nnamdi Ezekiel and Nwachukwu Chinedu.
Justice Steven Adah ruled that the matter could not be brought under fundamental human rights.
He said the matter was purely a contract of employment and issues of workmen compensation as provided for under the Workmen Compensation Act.
Adah threw out the application, describing it as incompetent.
The workers through their counsel, Gabriel Ojumah, had approached the court for an order to enforce their fundamental rights pursuant to Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009.
They asked the court for a declaration that their employment as casual workers is degrading and contrary to Section 34 of the 1999 Nigerian Constitution.
They are asking for a declaration that the use of obsolete machinery in the respondent’s industry which had caused several accidents leading to the amputation of limbs of some applicants is dehumanising and inhumane.
The workers also wanted an order of the court to shut down the company and not to reopen it until the management complied with the required safety standards.
Other reliefs being sought include N50 million compensation to injured workers.
But counsel to the respondent, Adetokunbo Mumuni, had objected to the prayers of the applicants, saying they had nothing to do with fundamental human rights as guaranteed by the constitution.
He said the application was not properly filed in accordance with the Federal High Court (Civil Procedure) Rules 2009.
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