IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BEFORE HIS LORDSHIP; HON.JUSTICE (DR.) I.J. ESSIEN
DATE: 19TH August, 2020 Suit No. NICN/LA/189 /2020
BETWEEN
1.COMRADE ABIODUN PHILIP -
2. COMRADE ABADOM LAWRENCE AMECHI
3.COMRADE ADEBAYO CLEMENT
4.COMRADE ESIEKPE DAVID
5.COMRADE OLAWUWO ABIODUN
6.COMRADE SAMSON EDET UKEME
7. COMRADE FRANCIS OSCAR CHUKWUDI
8.COMRADE IDOWU AYOMIPOSI
9. COMRADE ADEBIYI ESTHER
10. COMRADE SAMUEL GODWIN
11. COMRADE OPALEYE RILWAN
12. COMRADE OKORO UCHENNA
13. COMRADE FOLARIN JOSEPH
14 .COMRADE UGONWANNNE UZOCHUKWU PETER
15. COMRADE EKE FERDINAND
16.COMRADE ERNEST IBEAWUCHI CLAIMANTS
17. COMRADE ROBINSON ENAHORO
18.COMRADE ODUKOYA ABIODUN OLUSUYI
19. COMRADE MERCY OMODELE
20.COMRADE ADEWALE KAZEEM
21. COMRADE SULE BELLO
22.COMRADE IBRAHIM SALAMI
23. COMRADE AKPAN IKOEDEM UDO
24. COMRADE HENRYUGOCHUKWU EZE
25. COMRADE NWAPA EMMANUEL IFEANYI
26. COMRADE NNAMDI NELSON
27. COMRADE OGUNDELE SOLA
28.COMRADE ALADE FELIX
29. COMRADE ADEPITAN RUFUS
30. COMRADE OGBEBOR JONATHAN
(FOR THEMSELVES AND ON BEHALF OF ALL
AGGRIEVED MEMBERS OF NATIONAL UNION OF
FOOD, BEVERAGE AND TOBACCO EMPLOYEES)
AND
1. COMRADE LATEEF IDOWU OYELEKAN
(NATIONAL PRESIDENT- UNFBTE)
2. COMRADE IBRAHEEM GARBA
(DEPUTY NATIONAL PRESIDENT- NUFBTE)
3. COMRADE VIRGINUS NWOBODO
(NATIONAL VICE PRESIDENT-NUFBTE
4. COMRADE CHRISTOPHER NWOSU
(NATIONAL VICE PRESIDENT-NUFBTE)
5. COMRADE GBENGA ISHOLA
(NATIONAL VICE PRESIDENT-NUFBTE)
6. COMRADE SYLVESTER ETERIGHO
(NATIONAL VICE PRESIDENT-NUFBTE)
7. COMRADE PETER ONOJA
(NATIONAL SIGNING TRUSTEE)
8. COMRADE AHMED YAHAYA
(NATIONAL TREASURERS)
9. COMRADE TONY ANYASI
(NATIONAL TRUSTEE) DEFENDANTS
10. COMRADE DANIEL BENSON
(NATIONAL TRUSTEE)
11. COMRADE KATE CHARLES
(NATIONAL INTERNAL AUDITOR)
12. COMRADE BAMIDELE BUSARI
(GENERAL SECRETARY- NUFBTE)
13. COMRADE LEKAN MAKINDE
(DGS/HOD BREWEREY & TOBACCO)
14. COMRADE MIKE OLANREWAJU
(DGS/HOD EDUCATION & GENDER)
15. COMRADE PASCAL MADU
(AGS/HOD RESEARCH & STATISTIC)
16. COMRADE SUNDAY ILESANMI
(AGS/HOD ADMIN & PERSONNEL)
17 COMRADE SAMSON AYENI
(AGS/HOD FOOD & CONFECTIONARIES)
(AGS/HOD FOOD & CONFECTIONARIES)
(The 1st to 17th Defendants are sued for themselves and as principal
National officers and members of the National Administrative committee of NATIONAL UNION OF FOOD, BEVERAGE AND TOBACCO EMPLOYEES (UNFBTE)
18. NATIONAL UNION OF FOOD, BEVERAGE AND TOBACCO EMPLOYEES
19. REGISTRAR OF TRADE UNION
RULING ON THE PRELIMINARY OBJECTION DATED 20TH JULY, 2020
The Defendant/Applicant of this preliminary objection seeks an order striking out/dismissing the suit for want of jurisdiction.
The grounds upon which the application is predicated are:-
1. That this case is an intra-union dispute which must be subjected to the provisions of part 1 of the Trade Dispute Act Laws of the Fed, 2004.
2. That the subject matter has been apprehended by the minister of Labour and Employment.
3. That the suit discloses no reasonable cause of action as it is speculative, hypothetical and academic.
4. That the suit is an abuse of court process by not qualifying to be filed and heard under the guidelines of the court 2020.
It is his argument that by S2 (1) of the Trade Dispute Act no person shall commence an action, the subject matter of intra-union dispute in any court of law. It is his contention that this suit ought to go through mediation, conciliation and arbitration before coming to this court by way of appeal of necessary. He also argued that by Exhibit NU1 and NU2 that the Minister of Labour is ceased of the matter.
The claimant/respondent council hason the other hand argued that by the provision of S.7(1(c)(iv) of the NIC Act 2006 and also S. 254C(1)(j)(iv) of the 1999 Constitution as amended, this court is vested with the original jurisdiction to hear this suit and that by the content of the affidavit and the prayers sought for in the originating summons. This suit discloses a reasonable cause of action.
I have carefully considered the argument put forward by counsel for the parties in their oral adumberation and their written address which I shall not reproduce here. S. 2(1) of the Trade Dispute Act provides:-
Subject to the provisions of subsection 3 of section 21 of this Act, no person shall commence an action, the subject matter of trade dispute or an inter or intra union dispute in a court of law and accordingly any action which prior to the commencement of this section pending in any court shall abate and be null and void.
In Maritime Workers Union of Nigeria V. NLC (2005)4NLLR Pt 10 at 27 page 288. Paras B-D this court defined intra-union dispute as disputes arising from the organization and running of a trade union as laid down in the union constitution S. 7(1)(c)(iv) vest this court with exclusive jurisdiction to determine matters relatingto the determination of any question as to the interpretation of any Trade Union Constitution.
Further to this S.254C(1)(j)(vi) of the 1999 constitution as amended vest exclusive jurisdiction on this court to determine any question relating to the interpretation and application of a trade union constitution.
A combined reading of the above content provision of the NIC Act and the 1999 Constitution as amended shows that where the subject matter of intra union dispute revolves around or relates to the interpretation and application of a trade union constitution, this court has original jurisdiction to hear any suit brought in that respect. This is so because the provisions of S. 2(1) of the Trade Dispute Act being an Act of the National Assembly must be read subject to the 1999 Constitution as the ground norm. it is therefore not the intendment of the law that S.2(1) of the Trade Dispute must be read and interpreted in a manner as to violatethe Constitution of the Federal Republic of Nigeria 1999.
It is therefore logical to say that intra union dispute cannot be brought to this court in its original jurisdiction. However, once the intra union dispute relates to the interpretation and application of the constitution of a trade union, S.2(1) of the Trade Dispute Act must bow to the superior authority of the constitution, this leads us to what was the subject matter of the originating process. The law is that it is the statement of claim of the claimant that must be examined to see if there a cause of Act. I have examined the originating process and the affidavit in support and the annexures. The questions for determination raised therein from 1 to 7 are all seeking the intervention of this court for the interpretation and application of the constitution of 18th defendant applicant, i.e. the union.
Therefore the position of Learned Owonikoko SAN that the originating summons does not disclose a cause of action and that it is speculative hypothetical and academic is wrong and must be discountenanced by this court. Counsel for the applicant has also argued that the Minister of Labour is ceased of the matter. I have examined Exhibit NU1 & NU2, I do not think that aletter of complaint written to the Registrar of Trade Union and the response of the 1st applicant can satisfy the requirement of referral to the Minister for the purpose of declaration of a trade dispute when the complaint is not addressed to the Minister. In any case this is not a kind of complaint that is required to go through the procedure in part A of the Trade Dispute Act, since it relates to the interpretation and application of the constitution of the 18th applicant.
For the reasons given above the notice of preliminary objection must fail. It is the decision of this court, that this dispute though an intra union dispute which relates to the interpretation and application of the constitution of the 18th applicant can be filed in this court and this court is vested with original jurisdiction under S.254C(1)(j)(iv) to hear and determine this matter. The preliminary objection is hereby dismissed.
SIGN………………………………………
Hon. Justice (Dr) I. J. Essien
(Presiding Judge)
APPEARANCE
O. A. Afolabi Esq. for the claimant/Applicant
A. I. Owonikoko SAN with A. Akanni Esq. I. J. Okechukwu Esq and F. AbimbolaEsq. For the defendant/Respondent.
IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BEFORE HIS LORDSHIP; HON.JUSTICE (DR.) I.J. ESSIEN
DATE: 19th August, 2020 Suit No. NICN/LA/189 /2020
BETWEEN
1.COMRADE ABIODUN PHILIP -
2. COMRADE ABADOM LAWRENCE AMECHI
3.COMRADE ADEBAYO CLEMENT
4.COMRADE ESIEKPE DAVID
5.COMRADE OLAWUWO ABIODUN
6.COMRADE SAMSON EDET UKEME
7. COMRADE FRANCIS OSCAR CHUKWUDI
8.COMRADE IDOWU AYOMIPOSI
9. COMRADE ADEBIYI ESTHER
10. COMRADE SAMUEL GODWIN
11. COMRADE OPALEYE RILWAN
12. COMRADE OKORO UCHENNA
13. COMRADE FOLARIN JOSEPH
14 .COMRADE UGONWANNNE UZOCHUKWU PETER
15. COMRADE EKE FERDINAND
16.COMRADE ERNEST IBEAWUCHI CLAIMANTS
17. COMRADE ROBINSON ENAHORO
18.COMRADE ODUKOYA ABIODUN OLUSUYI
19. COMRADE MERCY OMODELE
20.COMRADE ADEWALE KAZEEM
21. COMRADE SULE BELLO
22.COMRADE IBRAHIM SALAMI
23. COMRADE AKPAN IKOEDEM UDO
24. COMRADE HENRYUGOCHUKWU EZE
25. COMRADE NWAPA EMMANUEL IFEANYI
26. COMRADE NNAMDI NELSON
27. COMRADE OGUNDELE SOLA
28.COMRADE ALADE FELIX
29. COMRADE ADEPITAN RUFUS
30. COMRADE OGBEBOR JONATHAN
(FOR THEMSELVES AND ON BEHALF OF ALL
AGGRIEVED MEMBERS OF NATIONAL UNION OF
FOOD, BEVERAGE AND TOBACCO EMPLOYEES)
AND
1. COMRADE LATEEF IDOWU OYELEKAN
(NATIONAL PRESIDENT- UNFBTE)
2. COMRADE IBRAHEEM GARBA
(DEPUTY NATIONAL PRESIDENT- NUFBTE)
3. COMRADE VIRGINUS NWOBODO
(NATIONAL VICE PRESIDENT-NUFBTE
4. COMRADE CHRISTOPHER NWOSU
(NATIONAL VICE PRESIDENT-NUFBTE)
5. COMRADE GBENGA ISHOLA
(NATIONAL VICE PRESIDENT-NUFBTE)
6. COMRADE SYLVESTER ETERIGHO
(NATIONAL VICE PRESIDENT-NUFBTE)
7. COMRADE PETER ONOJA
(NATIONAL SIGNING TRUSTEE)
8. COMRADE AHMED YAHAYA
(NATIONAL TREASURERS)
9. COMRADE TONY ANYASI
(NATIONAL TRUSTEE) DEFENDANTS
10. COMRADE DANIEL BENSON
(NATIONAL TRUSTEE)
11. COMRADE KATE CHARLES
(NATIONAL INTERNAL AUDITOR)
12. COMRADE BAMIDELE BUSARI
(GENERAL SECRETARY- NUFBTE)
13. COMRADE LEKAN MAKINDE
(DGS/HOD BREWEREY & TOBACCO)
14. COMRADE MIKE OLANREWAJU
(DGS/HOD EDUCATION & GENDER)
15. COMRADE PASCAL MADU
(AGS/HOD RESEARCH & STATISTIC)
16. COMRADE SUNDAY ILESANMI
(AGS/HOD ADMIN & PERSONNEL)
17 COMRADE SAMSON AYENI
(AGS/HOD FOOD & CONFECTIONARIES)
(AGS/HOD FOOD & CONFECTIONARIES)
(The 1st to 17th Defendants are sued for themselves and as principal
National officers and members of the National Administrative committee of NATIONAL UNION OF FOOD, BEVERAGE AND TOBACCO EMPLOYEES (UNFBTE)
18. NATIONAL UNION OF FOOD, BEVERAGE AND TOBACCO EMPLOYEES
19. REGISTRAR OF TRADE UNION
RULING ON MOTION FOR INTERLOCUTORY INJUNCTION
The Claimant/Applicant seeks the order of interlocutoryinjunction as stated in the motion paper. I have carefully considered the argument advanced by counsel for the parties in this application. I have also read the affidavit of urgency filed in support of this application. Considering the fact that, I have already held that this court has the jurisdiction to hear and determine this suit since it relates to the interpretation and application of the constitution of a trade union. I have also noted that the notice of the meeting dated 6/7/2020 calling for the emergency National Delegates Conference does not comply with Rule 7(i) of the 18thdefendant constitution. Also there is a breach of Rule 7(iii) which requires the agenda for the meeting to be served 2 weeks before the meeting.
This is the appropriate case in which the defendants/respondents ought to be restrained until the determination of this suit. It is the position of this court that not restraining the defendants/respondents would foist on this court a fait acompli when the court has to determine the issue of the interpretation and application of the constitution of the 18th defendant which is the subject matter of the originating summons. In the light of the above, the 2 prayers sought in the motion paper are granted as prayed. Parties are hereby ordered to respect the orders of this court. Failure to adhere to the orders of this court would be visited with the appropriate sanctions.
This court in a couple of cases have decided that issues concerning elections and infrinchment of electoral provisions in the constitution of a trade union are urgent matters. Accordingly this suit is placed on accelerated hearing, and the matter shall be called up before the substantive judge after the annual vacation of this court.
----------------------------------------------------
Hon. Justice (Dr) I. J. Essien
(Presiding Judge)
APPEARANCE
- O. A. Afolabi Esq for the claimant /applicant
- No representation for the defendant/respondent. Counsel abandoned the proceedings midway.
.