Firm appeals ruling over jurisdiction

Exxon Mobil Corporation has asked the Court of Appeal, Lagos, to upturn the decision of the National Industrial Court (NIC), which refused to stay its proceedings in a suit filed by one Mr. Paul Arinze, for the wrongful termination of his employment by Mobil Producing Nigeria Unlimited and Exxon Mobil Corporation.

The firm’s appeal was sequel to an order made by Justice N. M. Esowe of the NIC, Lagos delivered on January 25, 2022 over jurisdiction.

Exxon Mobil Corporation also filed an application seeking to stay proceeding in the matter pending hearing and determination of an appeal it had filed at the court of appeal.

The pending appeal was against an earlier ruling of the NIC delivered on September 29, 2021, whereby the court elected to exercise jurisdiction over Exxon Mobil Corporation.

The appellant had challenged the jurisdiction of the NIC on the grounds that its contract with Mr Arinze was a simple contract and not an employment contract, governed by the laws and subject to the jurisdiction of the courts in the U.S., where Exxon Mobil Corporation is domiciled and carries out its operations.

The claimant, Mr. Arinze, through his counsel, had argued that the claimant was co-employed by Mobil Producing Nigeria Unlimited and Exxon Mobil Corporation thus vesting the NIC with jurisdiction over both defendants.

By its application to stay the NIC’s proceedings, Exxon Mobil Corporation contended that the continuation of the trial before the court would lead to a premature determination of its rights before the appellate court.

The appeal is centered on the fact that it never had an employment relationship with Mr. Arinze by itself, or through its relationship with Mobil Producing Nigeria Limited.

Furthermore, Exxon Mobil Corporation has stated that the reliefs sought by Mr Arinze against it cannot be granted, since it was neither incorporated in Nigeria nor carried out its business in the country.