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His Lordship, Hon. Justice I. J. ESSIEN of the National Industrial Court of Nigeria, Enugu division on the 8th day of February 2018 delivered a judgment ordering Enugu State Government to remit unlawful check off dues deducted from the members of the AAEU in the case of AGRICULTURAL AND ALLIED EMPLOYEES UNION v. ATTORNEY GENERAL OF ENUGU STATE.
Upon the determination of the above suit the claimant sought the following reliefs inter-alia:
(1) A declaration that the deduction of check off dues from member of the claimant in Enugu State without remitting same to the claimant is illegal, unlawful null and void, therefore unconstitutional and of no effect whatsoever.
(2) A declaration that only a validly registered Trade Union by the Registrar of Trade Union that can unionize members and collect check off dues from such members.
The learned counsel for the defendant S. U. Madu Esq. formulated 2 issues for determination to wit.
1. Whether the applicant has the locus standi to initiate this proceedings before this court.
2. Whether the applicant is the authentic and recognized trade union to be paid check off dues of all agricultural workers in Enugu State.
After reviewing the argument of both parties, the Court presided by Hon. Justice I. J. ESSIEN had this to say:
I have carefully listened to the submission of both counsels to the parties, I have also read the affidavits in support as well as the exhibits attached to the affidavit I have also considered the extensive arguments made by both parties in their written address and oral submissions in support of their positions.
The defendants counsel position is that by reason of the merger the claimant ceased to exist and therefore lacks the locus standi to institute this action. I have read and considered Exhibit A1, i.e the Certificate of Amalgamation dated 10th April, 2008 issued by the Registrar of Trade Union.
It is crystal clear that the claimant is a registered trade union whose Certificate of Registration is valid and subsisting and has not been cancelled or withdrawn by the Registrar of Trade Union.
On the whole this originating summons succeeds. This court hereby declares as follows:
(1) All check off dues deducted by Enugu State Government from members of the claimant in the State Government establishment with all accruing interest should be remitted to the claimant forthwith.
(2) The defendant is hereby restrained from recognizing any unregistered trade union or persons as a trade union with powers to unionize agricultural workers in Enugu State.
(3) The defendant is hereby restrained from withholding claimant’s deducted check off dues in the Enugu State Government establishment.
It is also the order of this court pursuant to Order 47 Rule 7 that the defendants are to comply with the terms of this judgment within 30 days of the date of this judgment.
Judgment is entered accordingly.
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