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Hon. Justice Zaynab Bashir of the Portharcourt Judicial Division of the National Industrial Court has declared that Isaruk Ikpoko-Ore-Ebrien Dike and 8 Others are the validly elected state executive officers of the Association of Health Records and Information Management Practitioners of Nigeria in Rivers State and entitled to a tenure of four (4) years period as provided in the Constitution of the Association.
The Court declared as undemocratic and unconstitutional for the Association of Health Records & Information Management Practitioners of Nigeria and 4 others to foist on and or impose Israel Imaerele or any unelected person to head and or superintend over the leadership of the Association in any capacity or office on the branch of the Association in Rivers State contrary to the will of the voters at the election of the Association held on 15th August 2023.
Justice Zaynab also declared that Israel Imaerele having not possessed the requisite fifteen (15) years post qualification is not qualified to hold the office of the Chairman of the Association in Rivers State.
From facts, the claimant- Isaruk Ikpoko-Ore-Ebrien Dike and 8 Others had submitted that there is no provision in the Constitution of the Association that empowers the Association of Health Records & Information Management Practitioners of Nigeria and 4 others to disqualify him and appoint Israel Imaerele as the State Branch Chairman of the Association.
Isaruk Ikpoko-Ore-Ebrien Dike and 8 Others averred that the Association of Health Records & Information Management Practitioners of Nigeria and 4 others lack such powers and cannot usurp the powers of the Electoral body of the Association to unilaterally disqualify Dike after he has been validly elected, issued a Certificate of Return and sworn in as executive officers of the Union.
In defence, the defendants- Association of Health Records & Information Management Practitioners of Nigeria and 5 others posited that Isaruk Ikpoko-Ore-Ebrien Dike is not a financial member of the Association in the year 2023 and that any member who has not paid annual dues is not qualified to contest for election and that it is the national chairman that issues certificate of return while the certificates allegedly issued to Isaruk Ikpoko-Ore-Ebrien Dike and 8 Others did not emanate from proper custody as they are altered and falsified.
In addition, the defendants filed a preliminary objection and prayed for an order of the Court to dismiss the suit for want of jurisdiction on the grounds that the suit is not an employment matter, trade dispute, or relating to employment in any material particular and that the Court has no jurisdiction over the election of members of an Association.
In opposition, the learned counsel to the claimant, W.P. Wali with G.O. Nna and N.A. Nwulu contended that the Preliminary Objection was grossly misconceived and added that it would be unconstitutional and against the democratic will of members of the Union or Association to stage an unlawful change of leadership to appoint Israel Imaerele who lost an election to the office of the chairman and was not qualified to contest the election to the office of the Chairman of the Association in the first place.
In further argument, the Defendants contended that Isaruk Ikpoko-Ore-Ebrien Dike and 8 Others have not presented any scintilla of evidence in proof of the assertion that the Association is a trade union within the meaning of the law and contended that the existence of the Rivers State Chapter is for convenience and not to create an independent existence.
Delivering the judgment after carefully evaluating the submissions of both parties, the presiding Judge, Justice Zaynab Bashir, affirmed the jurisdiction of the Court and held that as natural persons, Isaruk Ikpoko-Ore-Ebrien Dike and 8 Others have undoubted capacity to sue and can also sue their Association, especially as they are not the trustees of the Association.
Justice Zainab stressed that the 2010 alteration to the 1999 Constitution which reinvigorated the jurisdiction of the National Industrial Court was intended to be expansive and reiterated that it is immaterial that the Association of Health Records & Information Management Practitioners of Nigeria is not a trade union, that the court has jurisdiction over the industrial relations of associations and matters incidental thereto.
Furthermore, the Court stated that by the provision of the Constitution of the Association, the financial membership requirement is to be four years preceding the election year, the same reason Isaruk Ikpoko-Ore-Ebrien Dike annexed the proof of his financial membership.
Relying on the evidence before the Court and provisions contained in the Association’s Constitution, Justice Zaynab ruled that the Association of Health Records & Information Management Practitioners of Nigeria and 4 others cannot appoint a state chairman of the Association after a valid election has been conducted and certificates of return issued.
Justice Zaynab granted an Order of Perpetual Injunction restraining the Association of Health Records & Information Management Practitioners of Nigeria, Israel Imaerele and 4 others either by themselves, their servants, agents or privies from interrupting the tenure of office of Isaruk Ikpoko-Ore-Ebrien Dike and 8 Others or meddling into the affairs of the state branch of the Association in a manner capable of affecting the tenure of office of the Claimants as State executive officers of the Association in accordance with the provision of the Constitution of the Association.
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