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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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Industrial Court Strikes Out Application For Injunction Against NURTW for Lacking Merit


980 Friday 23rd February 2018

 

 

His Lordship, Hon. Justice I. S. Galadima of the National Industrial Court of Nigeria, Owerri division has struck out interlocutory injunction against NATIONAL UNION OF ROAD TRANSPORT  WORKERS (NURTW) TRICYCLE SECTION  RIVERS STATE CHAPTER & 2 ORS filled by ASSOCIATION OF KEKE OPERATORS OF RIVERS STATE & 5 ORS

 

These Claimants filed a motion on notice dated 21st August, 2017 pursuant to Order 11 Rule 1 (1), Order 14 Rule 1 (1) and (2) of the NIC Rules 2007 purportedly seeking for An order of interlocutory injunction restraining the Defendants, their agents, servants, privies, or whosoever from intimidating, harassing, threatening, or using the Police to arrest, to stop operations or detain the Claimants or their members at Oyigbo Local Government Area Branch in whatever guise pending the hearing and determination of the substantive suit.

 

In response, the Defendants’/Respondents’ Counsel argued that they oppose the application as the Defendants are being prevented from performing their statutory duties

Accordingly, an order of interlocutory injunction is designed to enable matters be kept in status quo pending when the court shall determine the substantive suit. That such an order shall ensure that by the end of the day, the court is not foist with a fait accompli.

After reviewing the argument of the parties, the Court Presided by Hon. Justice I.S. Galadima, had this to say:

 

On the whole, I have carefully considered the processes filed, the arguments and submissions of the parties on the preliminary points that arose in the cause of this suit.

Besides, wouldn’t the grant of an interlocutory order of injunction amount to granting the substantive matter filed before this court? It seems to me that is precisely what it likely amounts to and so for that very reason alone, I am further not satisfied that the Applicants merit the injunctive relief sought. Meanwhile, this Court does not need to declare that these parties must maintain civility in their dealings which is an obligation ordinarily expected of them. The civil police and other law enforcement apparatus have a great deal of responsibility to ensure the peaceful coexistence of these parties by any lawful means permissible - at least until a final determination of the substantive suit filed in this Court. It will seem to me also that granting this injunctive relief is akin to granting an immunity blanket to the Claimants from any lawful arrests or detention by the civil police. That is not the import of granting interlocutory injunctions and I am sure even God forbids any Court from cloaking any human with powers of invincibility.

 

Accordingly and without further ado, I refuse to grant the application for interlocutory injunction pending the determination of this here suit for the above reasons. The suit shall be heard and determined expeditiously instead and I so hold.

This application lacks merit and the same is struck out accordingly. I make no order for costs.

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