Industrial Court Voids Election Of James Sowole As Chairman NUJ Ondo State, Orders Fresh Election Within 30 Days

• 1690 Monday 15th October 2018

 

Akure --His Lordship, Hon. Justice A.A. Adewemimo of the National Industrial Court of Nigeria, sitting in Akure on Monday 15th October 2018 in a judgment ordered for a fresh Electoral/ Credential Committee of Ondo State Council of Nigeria Union of Journalist in accordance with the constitution of the Union be constituted to conduct fresh elections within 30 days, into the various offices of the NUJ, Ondo State Council. The Court also ordered that the certificate of return issued to MR JAMES SOWOLE  (4^th defendant), on the 3^rd of November, 2017, returning him as chairman NUJ Ondo State Council be withdrawn forthwith.

 

The Claimant by a complaint on the 25^th of October, 2017 instituted this action against the defendants and claimed against the defendants among others;

A declaration that Ondo State Council of Nigeria Union of Journalists Electoral Committee 2017, is unconstitutional an illegal having been handpicked, solely appointed and foisted on the union by Mr. James Sowole, the outgoing Chairman of Ondo State Council of Nigeria Union of Journalists (also an aspirant for the position of chairman) without regard to Constitution of Federal Republic Of Nigeria and the Constitution of the Nigeria Union of Journalist as to the committee’s independence, impartiality and compulsory good financial standing of members of the committee at the time of their appointment.

A declaration that the Screening of Aspirants contesting for elective State offices of Ondo State Council of Nigerian Union of Journalists by the Electoral Committee of Nigerian Union of Journalists (NUJ) Ondo State Council set up by the 4^th Defendant, is illegal, unconstitutional, null and void as the Electoral Committee has no legal power to perform the screening function of credentials Committee separately provided for under article 9(b)(c)(d) Constitution of Nigeria Union of Journalists.

An order of this court dissolving the Electoral Committee of Ondo State Council of Nigeria Union of Journalists (NUJ) 2017 led by the 1^st and 2^nd Defendants as Chairman and Secretary respectively and directing the constitution of fresh Electoral Committee and a separate credential committee for Ondo State Council of NUJ in accordance with the constitution of the Union to guarantee its independence and impartiality.

The claimant’s case is that he is a member of Nigeria Union of Journalists and aspirant to the position of chairman NUJ.  He averred that he applied to contest for the chairmanship position in the election of Ondo State Council of Nigeria Union of Journalists slated for 3^rd of November, 2017.  He further averred that he satisfied all the conditions stipulated by the constitution of Nigeria Union of Journalists and he is eligible to contest for the said position.

He averred that by the constitution of NUJ, the electoral committee and credential committees must be set up in a manner to guarantee its independence and impartiality.  According to the said provision, the State Chairman, Mr James Sowole who is also an aspirant re-contesting for the position of the chairman is precluded from appointing and/or participating in the selection of the membership of the electoral committee to ensure its independence and neutrality. 

He stated that his disqualification on allegation that he did not resign as chairman of a chapel of NUJ before the election slated for 3^rd November, 2017, contrary to the guideline issued by the electoral committee, was without basis as there was nothing in the guideline specifying the time within which an aspirant holding a position at the Chapel Chapter is supposed to resign before the election. 

It is the defendants’ case that the disqualification of the claimant was based on the fact that he did not resign from his position as Chapel Chairman and/or cease from representing his Chapel at Union meetings, while contesting for the chairmanship of the union, an act which runs foul of the provision of the 3^rd Defendant’s Constitution. 

The Defendants averred that in line with the constitution of the union that the credentials of the aspirants and the NUJECO Findings/Report be forwarded to the National Secretariat for final ratification and approval, this was done, consequent upon which three of the four aspirants to the chairmanship position including the claimant were disqualified, and the 4^th defendant was returned unopposed having emerged the sole candidate after the disqualification.

The defendants finally averred that the claims of the claimant are frivolous, unwarranted, incompetent, unmaintainable in law, and constitutes a gross abuse of court processes, therefore pray the court to dismiss the case in its entirety with cost.

The 1^st, 2^nd & 3^rd defendants filed a Notice of preliminary objection contesting the jurisdiction of this court and urging the court to dismiss this suit in its entirety. The grounds that the suit was not initiated or constituted by due process of law, that the suit does not confer jurisdiction on the Honourable court to entertain it based on its constitution.

Counsel submitted that based on the fact that the Claimant did not exhaust the internal mechanisms for resolving disputes as provided by the Constitution of the union, he is estopped from instituting this action in court as he is subject to the authority of the Nigeria Union of Journalists Constitution.

Counsel to the claimant urged the court to hold that the issues raised by the defendants on exhausting all administrative remedy and estoppel from approaching the court are not jurisdictional issues that the right to be heard by an aggrieved party is a personal fundamental right enshrined in the constitution which cannot be taken away in an agreement or by decision of an association or union.

 

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

 “In all, I find that the notice of preliminary objection filed by the 1^st, 2^nd & 3^rd defendants is misconceived and unmeritorious, and it is therefore discountenanced and overruled. This court has the jurisdiction to entertain this suit. I so hold.

“It is clear that CW1 did not resign before he made his intention known to contest the election and when he was asked he said his chapel asked him to continue as their chairman and he also stated that he was not even aware of the constitution of the NUJ which provides that he should resign. This was as in September which was two months to the election. Now if as at two months to the election when he made his intention known to contest the election he had not resigned, I do not see how he was unfairly excluded from contesting the election as he obviously did not follow the laid down rules in the constitution and ignorance is not an excuse in law. I find therefore that the Claimant was not unfairly excluded from contesting the elections of 3^rd November 2017 and I so hold.

On whether or not the Electoral Committee of the NUJ Ondo state Council was properly constituted for the purposes of the election of 3^rd November 2017, His Lordship stated that

“I find that the selection of the members of the Credential committee (NUJECO) by the state officers is ultra vires the provisions of the NUJ constitution and all norms of equity and fairness as enshrined in the CFRN 1999.

“The body is therefore illegal, and its actions invalid and void ab initio.” His Lordship declared.

The court also ordered that a new election/ credential committee be constituted in accordance with the constitution of the union and fresh elections to the state offices to be conducted within 30 (thirty) days hereof.

“In consonance with the findings in this Judgement, I hereby order that the certificate of return issued to the 4^th defendant, returning him as chairman  NUJ Ondo Council be withdrawn, I so hold.

“I hereby order the 3^rd Defendant to constitute a caretaker committee to manage the affairs of the Nigeria Union of Journalist, Ondo State Council, pending the time when fresh elections will be conducted into the various offices of the branch.” Justice Adewemimo Ruled.

 

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