The National Industrial Court of Nigeria (NICN) has dismissed a preliminary objection filed by Pan African Towers (PAT), clearing the way for the substantive hearing of a suit instituted by the company’s former Managing Director and Chief Executive Officer, Mr. Azeez Amida, over alleged outstanding contractual entitlements.
In a ruling delivered on July 21, 2026, in Suit No. NICN/LA/143/2025: Mr. Azeez Amida v. Pan African Towers Limited, Honourable Justice Essien rejected the company’s bid to terminate the proceedings on jurisdictional grounds and awarded ₦500,000 in costs against Pan African Towers, describing the application as lacking merit.
The decision marks the first substantive judicial pronouncement in the employment dispute and paves the way for the court to hear Mr. Amida’s claims arising from a Mutual Separation Agreement executed following his departure from the company.
Pan African Towers, a telecommunications infrastructure company backed by Verod Capital Management and Development Partners International (DPI), had argued that the National Industrial Court lacked jurisdiction to entertain the matter because the agreement required the parties to first pursue negotiation, mediation and arbitration before approaching the court.
However, the court found that evidence before it showed Mr. Amida had taken steps to activate the contractual dispute resolution process through correspondence and formal demand letters issued by his solicitors before commencing legal action.
According to documents presented by Mr. Amida’s legal team, correspondence from the Chairman of Pan African Towers’ Board, Mr. Adefolarin Ogunsanya, who is also a Partner at Development Partners International, rejected attempts by Mr. Amida’s counsel to reach an amicable resolution before litigation.
The claimant’s legal team also tendered evidence of several emails sent to Verod Capital’s in-house legal counsel, Mr. Dipo Okuribido, from January 2025, which they said received no response prior to the commencement of the suit.
After reviewing the evidence, the court held that Pan African Towers failed to meaningfully engage with the dispute resolution process before seeking to rely on the same contractual provisions to challenge the court’s jurisdiction.
Justice Essien ruled that the company’s conduct was inconsistent with its reliance on the arbitration clause and that it had effectively waived its right to insist on arbitration after frustrating the agreed dispute resolution mechanism.
Consequently, the court dismissed the preliminary objection and awarded ₦500,000 in costs against Pan African Towers.
With the jurisdictional challenge resolved, the company is now expected to file its substantive defence to Mr. Amida’s claims, having previously focused its response on contesting the court’s jurisdiction.
The substantive suit has been adjourned until January 12, 2027, for hearing.
The dispute stems from Mr. Amida’s exit from Pan African Towers and his claim that certain contractual entitlements remained unpaid despite the execution of a Mutual Separation Agreement.
According to court filings, his legal representatives made several attempts to resolve the matter through correspondence and formal demand notices in line with the agreement’s dispute resolution provisions before instituting proceedings at the National Industrial Court.
Separately, the employment dispute runs alongside commercial proceedings before the Federal High Court involving Mr. Amida, Development Partners International, Verod Capital Management and other parties over issues relating to the ownership of Pan African Towers. Those proceedings remain pending and are expected to be determined independently.
Reacting to the ruling, members of Mr. Amida’s legal team welcomed the court’s decision, describing it as a reaffirmation of the principle that parties must act consistently with contractual dispute resolution provisions.
“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 said.
The lawyers added that while Pan African Towers remains entitled to pursue any appellate remedies available under Nigerian law, they are fully prepared to proceed with the substantive hearing scheduled for January 2027.