Flash: Industrial Court Nullifies Kaduna State Govt. Directive Stopping Deduction Of Union Dues By NULGE and 5 Others

• 1944 Thursday 8th February 2018

 

Kaduna –His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, sitting in Kaduna on Monday 4th February 2019 in a landmark judgment declared that directive issued by the Kaduna State Executive Council on the 23^rd day of January, 2018, stopping forthwith deduction of Union Dues at source as null and void and of no effect whatsoever.

 

The court granted an order compelling Attorney- General of Kaduna State and Governor of Kaduna State (2^nd and 3^rd Defendants) their agents, servants or privies or anyone acting on their behalf or instructions to commence forthwith deductions of Union Dues at source from the salaries of workers in the employment of the 3^rd Defendant who are members or eligible to be members of the Claimants and remitting same to Nigeria Union of Local Government Employees Amalgamated Union of Public Corporation, Civil Service, Technical and Recreational Services Employees and 4 others (Claimants) accordingly.

 

The claimants commenced this action via Originating Summons dated and filed on 20^th day of April 2018 sought against defendant among others; A DECLARATION that the 2^ndand 3^rdDefendants or their agents, servants or privies or anyone acting on their behalf or instructions cannot validly and legally stop deductions of Union Dues at source from the salaries of workers in the employment of the 3^rdDefendant who are members or eligible to be members of the Claimants and remitting same to the Claimants. A DECLARATION that the directive issued by the Kaduna State Executive Council on the 23^rdday of January, 2018, stopping forthwith deduction of Union Dues at source is illegal, null and void and of no effect whatsoever.

 

Likewise, A MANDATORY ORDER compelling the 2^ndand 3^rdDefendants, their agents,servants or   privies or anyone acting on their behalf or instructions to commence forthwith deductions of Union Dues at source from the salaries of workers in the employment of the 3^rdDefendant who are members or eligible to be members of the Claimants and remitting same to the Claimants accordingly.

 

It was stated that 2^ndand 3^rdClaimants on the 23^rdday of January, 2018 through the Kaduna State Executive Council directed that starting from January, 2018 salaries and until further directive otherwise, deduction of Union dues at source are to be stopped forthwith.

 

It was averred that union dues deducted at source by the 2^ndand 3^rd defendants from salaries of workers in the employment of the 3^rdDefendant who are members or eligible to be members of the Claimants between January and December, 2017 have not been remitted to the Claimants.

 

The workers in the employment of the 3^rdDefendant are members or eligible to be members of the Claimants and other affiliate unions. There is no worker in the employment of the 3^rdDefendant who is a member or eligible to be member of any of the Claimants that has opted out of the Claimants unions.

 

It was stated that it is the obligation of the 2^ndand 3^rdDefendants to deduct union dues at source from the salaries of workers in the employment of the 3^rdDefendant who are members or eligible to be members of the Claimants and remit same to the Claimants.

 

In the written address filed along with the Originating Summons, asked for determination Whether having regard to the clear provisions. of Section 5(3) of theLabour Act, Cap L1, Laws of Federation of Nigeria, 2010 and Section 17 ofthe Trade Union Act, Cap T14,Laws of Federation of Nigeria, 2010 readtogether with the provisions of Section 40 of the Constitution of theFederal Republic of Nigeria, 1999 (as amended), the 2^nd and 3^rdDefendantsor their agents, servants or privies or anyone acting on their behalf orinstructions can validly and legally stop deductions of Union dues at source from the salaries of workers in the employment of the 3^rdDefendant who are members or eligible to be members of the Claimants and remitting the same to the Claimants.

 

Abdulaziz Ibrahim, Esq; counsel to the claimants contended that the 2^ndand 3^rdDefendants cannot retain union dues deducted at source from the salaries of workers in the employment of 3^rddefendant who are members or eligible to be members of the Claimants without remitting same to the Claimants.

 

In opposition to the Originating Summons, the defendants stated that not all employees of the 3^rd Defendant are Members of the Claimants or other trade unions. That Kaduna State Government (3rd Defendant's) obligation to make deduction of check-off dues from the salaries of its employees is contingent upon the written consent of individual employees of the 3rd Defendant to the 3^rdDefendant authorizing the 3^rdDefendant to make deduction of check-off dues for the purpose of making the individual employee's voluntary contribution to the Claimants or any trade union at all.

 

It is the contention of counsel that the Claimants having disobeyed the Rule of this Honourable Court on the mode of commencing the instant suit, the court should decline jurisdiction to entertain same and further submitted that the claimants’ affidavit in support of the originating summons is null and void and of no effect whatsoever.

The defendants vide the notice of preliminary objection prayed for an order to strike out this suit on the grounds that the Claimants/Respondents lack the locus standi to institute the instant suit, that the instant suit, commenced by way of originating summons is incompetent and an abuse of Court process and this Court lacks jurisdiction to entertain the suit against the Defendants/Objectors.

 

After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice Sanusi Kado expressed thus;

 

“The claimants having been listed in both part A & B of the Third schedule to the Trade Union Act, they have the requisite locus standi to bring this action.

 

“From the above exposition of law, it is my candid view that this suit was properly commenced via originating summons as the issue for resolution is on interpretation of provisions of a written law.

 

“I have searched the content of the originating summons and the affidavit evidence and I am convinced that there are questions raised fit for consideration by the court. The claimants have stated their right and the obligations of the defendants. In the circumstances, the claimants’ suit as it is presently constituted has established reasonable cause of action.

 

“The provisions of section 5(3) (b) of the Labour Act and section 17(d) are very clear and unambiguous they say what they say. The provisions are plain and unambiguous they should be given their ordinary and natural meaning.

 

“The two sections have imposed a duty on employer to deduct check-off due from the salary of an employee for the benefit of the trade union concerned. The obligation is mandatory it allows for no discretion.”

 

The court granted a declaration that 2^nd and 3^rd Defendants or their agents, servants or privies or anyone acting on their behalf or instructions cannot validly and legally stop deductions of Union Dues at source from the salaries of workers in the employment of the 3^rd Defendant who are members or eligible to be members of the Claimants and remitting same to the Claimants.

 

His Lordship declared that the directive issued by the Kaduna State Executive Council on the 23^rd day of January, 2018, stopping forthwith deduction of Union Dues at source is null and void and of no effect whatsoever.

 

Justice Sanusi Kado granted an order and compelled the 2^nd and 3^rd Defendants, their agents, servants or privies or anyone acting on their behalf or instructions to commence forthwith deductions of Union Dues at source from the salaries of workers in the employment of the 3^rd Defendant who are members or eligible to be members of the Claimants and remitting same to the Claimants accordingly.

 

The court also awarded the sum of N200,00.00 cost against the defendants in favour of the claimants. Other reliefs were declined for lack of proof.

 

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