Industrial Court orders ASUSS KEBBI STATE CHAPTER to be joined as a party to a suit.

• 1934 Friday 2nd February 2018

NIGERIA UNION OF TEACHERS (KEBBI STATE WING) v. IBRAHIM GARBA & 6 Others.

 

The National Industrial Court has orders ACADEMIC STAFF UNION OF SECONDARY SCHOOL (ASUSS). KEBBI STATE CHAPTER to be joined as a party to a suit.

 

His Lordship, Hon. Justice K.D. Damulak of the National Industrial Court sitting at Sokoto on 2^nd day of February 2018 gave a ruling allowing the ACADEMIC STAFF UNION OF SECONDARY SCHOOL (ASUSS). KEBBI STATE CHAPTER to be joined as a defendant in the case of NIGERIA UNION OF TEACHERS (KEBBI STATE WING) v. IBRAHIM GARBA & 6 Others

 

This ruling is predicated upon a motion on notice by the claimant seeking to join the INCORPORATED TRUSTEES OF CONFERENCE OF SECONDARY SCHOOL TOTORS (COSST), ALSO KNOWN AS ACADEMIC STAFF UNION OF SECONDARY SCHOOL (ASUSS), Kebbi state chapter as a defendant in this suit and to amend the claimant’s originating processes accordingly to reflect the joinder and also to deem as properly filed and served the attached amended processes. The motion is dated 28/11/2017 and filed on 29/11/2017.The defendants/ respondents’ four paragraph counter affidavit is dated 5/12/2017 but filed on 8/12/2017.

 

The applicant’s counsel submitted two issues for determination namely;

1.     Whether the conference of secondary school teachers, otherwise known as Academic Staff Union of Secondary Schools Kebbi state chapter is a necessary party to this suit.

2.     Whether the honourable court has the power to grant the amendment sought by the claimant/applicant.

Consequently, the defendants /Respondents’ counsel formulated one issue thus;

1.     Whether the Academic staff union of Secondary schools Kebbi state chapter is a legal entity known to law and a necessary party to this case.

Furthermore, The applicant’s counsel submitted that the defendants received the check off dues in issue under the umbrella of Conference of Secondary School Teachers Kebbi State Chapter as a purported trade union and that one way or the other the conference of Secondary School Teachers Kebbi State Chapter will be affected by the outcome of this suit; this, according to claimant’s counsel, makes the Conference of Secondary School Teachers Kebbi State Chapter a necessary party to this suit.

After reviewing the argument of both parties, the Court presided by Hon. Justice K.D. Damulak, had this to say:

 “It is the view of this court that given the contents of the counter affidavit and the arguments that applicant is trying to join a non- juristic person to the suit and so will only waste the time of the court, the respondents cannot be said to be holding brief for someone else, the respondent have a right to oppose any application for joinder which in their opinion, rightly or wrongly, should not be granted.

On the whole, the application of the claimants to join INCORPORATED TRUSTEES OF CONFERENCE OF SECONDARY SCHOOL TOTORS (COSST), ALSO KNOWN AS ACADEMIC STAFF UNION OF SECONDARY SCHOOL (ASUSS). KEBBI STATE CHAPTER has merit, the application succeeds and same is granted in the terms hereunder”.

In particular, it is hereby ordered as follows: The INCORPORATED TRUSTEES OF CONFERENCE OF SECONDARY SCHOOL TOTORS (COSST), ALSO KNOWN AS ACADEMIC STAFF UNION OF SECONDARY SCHOOL (ASUSS). KEBBI STATE CHAPTER is hereby joined as the 8^th defendant in this suit.

Ruling delivered and entered accordingly.

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