The National Industrial Court of Nigeria (NICN), sitting in Ikoyi, Lagos, has dismissed a Notice of Preliminary Objection filed by Pan African Towers Limited (PAT), clearing the way for the substantive hearing of an employment dispute brought by the company’s former Managing Director and Chief Executive Officer, Mr. Azeez Amida.
In a ruling delivered on 21 July 2026 in Suit No. NICN/LA/143/2025: Mr. Azeez Amida v. Pan African Towers Limited, Honourable Justice Essien rejected PAT’s attempt to terminate the proceedings on jurisdictional grounds and awarded ₦500,000 in costs against the company.
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The ruling allows Mr. Amida’s claims over outstanding contractual entitlements under the parties’ Mutual Separation Agreement to proceed to trial.
Court Rejects Jurisdictional Challenge
PAT had argued that the National Industrial Court lacked jurisdiction because the Mutual Separation Agreement required the parties to first pursue negotiation, mediation and arbitration before commencing litigation.
The Court rejected that argument after considering evidence that Mr. Amida had attempted to activate the contractual dispute resolution process through correspondence and formal demand letters issued by his solicitors. The Court found that PAT failed to meaningfully engage with those efforts before later relying on the same contractual provisions to challenge the Court’s jurisdiction.
According to evidence presented by Mr. Amida’s legal team, a letter written by Adefolarin Ogunsanya, Chairman of the Pan African Towers Board and Partner at Development Partners International, rejected the request for an amicable resolution before the suit was filed. The legal team also presented multiple emails sent to Dipo Okuribido, in-house legal counsel at Verod Capital Management, between January 2025 and the commencement of the action, which allegedly received no response.
The Court held that PAT’s conduct was inconsistent with reliance on the contractual dispute resolution mechanism and ruled that the company had waived its right to insist on arbitration after frustrating the agreed process. It concluded that PAT could not rely on the arbitration clause after failing to participate in the preliminary dispute resolution steps contemplated by the parties’ agreement.
Substantive Hearing to Proceed
The ruling marks the first judicial determination in the employment dispute. Rather than filing a substantive defence addressing the merits of Mr. Amida’s claims, PAT had primarily sought to challenge the Court’s jurisdiction through a Preliminary Objection.
With that objection dismissed, the National Industrial Court will now proceed to hear the substantive dispute.
In addition to dismissing the application, the Court awarded ₦500,000 in costs against PAT and adjourned the matter to 12 January 2027 for hearing.
Background to the Dispute
The dispute stems from Mr. Amida’s departure from Pan African Towers following the execution of a Mutual Separation Agreement.
Mr. Amida maintains that certain contractual entitlements remain outstanding. Before instituting legal proceedings, his legal representatives engaged the company through correspondence and formal demand letters in an effort to resolve the matter in accordance with the dispute resolution provisions contained in the agreement.
When those efforts failed to produce a resolution, proceedings were commenced before the National Industrial Court seeking payment of the outstanding contractual entitlements.
The Court has now ruled that PAT’s own conduct prevented it from relying on the contractual dispute resolution provisions to challenge the Court’s jurisdiction, paving the way for a full hearing on the merits of the claims.
Related Proceedings
The employment proceedings before the National Industrial Court run alongside separate commercial proceedings before the Federal High Court involving Mr. Amida, Development Partners International, Verod Capital Management and other parties concerning the ownership of Pan African Towers. Those matters remain pending and will be determined independently on their respective facts and legal issues.
Reaction
Commenting after the ruling, representatives of Mr. Amida’s legal team welcomed the decision.
“The Court has affirmed an important principle of contractual dispute resolution. A party cannot frustrate the agreed process and later seek to rely on that same process to prevent a claim from being heard. We now look forward to presenting the substantive case before the Court.”
The legal team acknowledged that PAT remains entitled to pursue any appellate remedies available under Nigerian law but said it is fully prepared for the substantive hearing scheduled for January 2027.
