His Lordship, Hon. Justice E. A. Oji of the National Industrial Court of Nigeria, Sitting in Lagos on Thursday 31th May 2018 in a landmark Judgment dismissed suit against FEDERAL MINISTRY OF LABOUR AND EMPLOYMENT and 5 others challenging the registration of  TRICYCLE OWNERS ASSOCIATION OF NIGERIA  that the legal status of the INCORPORATED TRUSTEES OF TRICYCLE OWNERS AND OPERATORS ASSOCIATION OF NIGERIA  and all the other Claimants deriving their positions through an association registered under part C of CAMA robs it of locus before this Court and  lack the competence to bring this suit on the ground that Claimants are not ‘person’ as contemplated by section 6(6)(b), Constitution of the Federal Republic of Nigeria, 1999, as amended.

The Claimants’ had prayed among others for: A DECLARATION that the 1^st Claimant is the proper and only authorised association to collect levies, rates and dues from all tricycle operators and owners in Nigeria. AN ORDER OF PERPETUAL INJUNCTION restraining the 5^th and 6^th Defendants forthwith from parading themselves as executives of the 4^th Defendant association and from collecting levies, dues or rates form tricycle operators or owners in Nigeria.

Claimants’ contend that The 6^th Defendant while member of the 1^stClaimant was the branch secretary of the Ojo branch, Lagos until he was expelled from 1^st Claimant.  Executives of the 1^stClaimant on the 29^thday of July, 2016 were informed by their respective branch officers/levy collectors that tricycle members declined remitting funds due as levies and dues for the said day. 

Their further inquiries revealed that several strange persons purporting to belong to the 4^th Defendant stormed the parks and already collected levies (running into millions of naira).

Investigations disclosed that the 6^th Defendant in conjunction with the 5^th Defendant upon exiting the 1^st Claimant proceeded to register the 4^th Defendant with the 3^rd Defendant, with a name and for an object/purpose similar to that of the 1^st Claimant.

Furthermore, Defendants contended that the TRICYLE OWNERS ASSOCIATION OF NIGERIA was not registered with the intention to clandestinely operate as INCORPORATED TRUSTEES OF TRICYCLE OWNERS AND OPERATORS ASSOCIATION OF NIGERIA.

That the prescribed procedure for the registration of Trade Unions was observed before the 4^th Defendant was registered and issued a Certificate of Registration duly signed by the Registrar of Trade Unions and dated 26^th January, 2016.  They contended that though the 6^th Defendant renounced his membership of the 1^st Claimant and exited the 1^st Claimant before forming, along with other tricycle owners and operators, the 4^th Defendant.

Defendants through Notice of Preliminary Objection filed challenging the competence of the Claimants’ suit and the jurisdiction of this Court to hear the Claimants on the grounds that the 1^st Claimant, an association registered under Part C of the Companies and Allied Matters Act, and the 2^nd – 4^th Claimants who are officers of the 1^st Claimant lack the requisite locus standi to institute this suit on the ground that Claimants are not ‘person’ as contemplated by section 6(6)(b), Constitution of the Federal Republic of Nigeria, 1999, as amended.

After reviewing the argument of the parties, the Court Presided by Hon. Justice E. A. Oji expressed thus;

“Having gone through the processes filed in both the Originating Summons and the Notice of Preliminary Objection; and having also listened to arguments of Counsels on both processes,

In this case, the 1^st Claimant, from whom the rights of the 2^nd – 4^th Claimants emanate is an association registered under part C of CAMA.  This Court has held severally that Associations registered under Part C of CAMA, though they have capacity to sue and be sued, they do not have capacity to sue before the National Industrial Court.  By the provision of entire section 254C of the 1999 Constitution of the Federal Republic of Nigeria, the provision envisages that parties before the Court must be persons deriving rights as listed and as constituting the jurisdiction of this Court.

The legal status of the 1^st Claimant as an association registered under part C of CAMA is not in doubt.  That status robs it of locus before this Court.  I therefore find that the 1^st Claimant and all the other Claimants deriving their positions through it, lack the competence to bring this suit; and I so hold.

There is no evidence that any step was taken by Claimants to challenge the registration of 4^th Defendant before the Registrar of Trade Unions before commencing this suit.  This suit is therefore premature and the Court therefore lacks jurisdiction to entertain this suit.

I therefore hold that this Court does not have jurisdiction to hear this suit.  In the circumstances of the findings made in this suit, this suit is liable to be dismissed, and is hereby dismissed.”

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