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Dismissal: Court Describes Marilyn Ogar’s Suit as Invalid as Application is Dismissed

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The National Industrial Court on Monday described a suit brought before the court by a former spokesperson of Nigeria’s State Security Service, Marilyn Ogar, challenging her sack from the service as “invalid”
She had filed the suit in 2016, asking the court reverse her sack and be recalled to service.
Ms Ogar was sacked in 2015, following allegations of alleged fraud and engaging in partisan politics.
She had asked the court to nullify her suspension and ensure her reinstatement, alongside other SSS officials sacked with her.
The former SSS spokesperson had approached the court in 2016, but abandoned the suit till a fresh request was made on the same matter by her in May.
The case was slated for judgment in July after the court, presided over by a judge, Olufunke Anuwe, entertained arguments from counsel on the matter.
Delivering the judgment on Monday, Anuwe said the application brought by Ms Ogar “was dead on arrival, since it was not renewed in accordance with the rules of the court”.
The Judge ruled that the failure of the applicant to renew the motion, within the stipulated time, as demanded by order 6, rules (4) and (5) of the court, meant an absence of a valid motion before the court.
“The action is no longer maintainable as the claimant failed to disclose any reasonable cause of action. The summons remains invalid and dead since it was not renewed after the initial filing in November 2016.
“In line with order 6 rules 4 and 5, an originating process is only valid for 6 months and when renewed, it cannot be extended beyond 12 months. In my view, it means there was no action nor a valid suit before the court. This suit is dismissed and there is no order as to cost,” the Judge held.

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