MUKHTAR JCA (Delivering the Lead Judgment): This appeal challenges the ruling of theFederal High Court, Ilorin, delivered by C. Nnamani on 6 July 2007 in suit No. FHC/IL/CS/19/2006 wherein the suit filed by the A appellants as plaintiffs was struck out as being incompetent.
The suit was initiated by originating summons seeking for determination of the following two questions:
Whether the defendant is statutorily mandated to register with the plaintiffs and contribute to the fund, pursuant to section 6(1) of the Industrial Training Fund Act , Cap. 19, Laws of the Federation of Nigeria, 1990. Whether the defendant falls within the category of employers that areliable to contribute to the 1stplaintiff, pursuant to section 14 of the aforementioned Industrial Training Fund Act, 1990.
The plaintiffs/appellants further sought for the following reliefs in the event of affirmative resolution of the foregoing two posers: A declaration that the defendant, having more than 25 employees in its esta…