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Abuja – His Lordship, Hon. Justice K. D. Damulak of the National Industrial Court of Nigeria, Sitting in Abuja on Monday 25th March in a judgment delivered dismissed the suit filed by National Insurance Commission against Association Of Senior Civil Servants Of Nigeria(ASCSN), Ibrahim Abdullateef and Uche Nwosu for lacking merit.
By an originating summons filed on 7/2/2019, the claimant sought for the determination among others whether having regards to the provisions of Articles 5.6 - 5.6.1-7 of the Claimant applicable conditions of service, the 2nd and 3rd Defendants who are president and secretary of the domestic unit of claimant and financial members of the 1st Defendant can threaten to embark on strike without exhausting the laid down procedure or whether in the circumstances of this case the 1st defendant is right in issuing the Plaintiff a 7 day ultimatum to relay the Board decision of 24th January 2019.
The claimant also sought among others for; A DECLARATION that the 1st defendant - Association Of Senior Civil Servants Of Nigeria cannot call on Ibrahim Abdullateef and Uche Nwosu (2nd and 3rd defendants) to embark on strike and or complete shutdown of the Claimant without following due process. AN ORDER directing the 2nd and 3rd Defendants to follow and fully exhaust the grievance procedure as provided in the staff Condition of Service of the Claimant and section 6(a-e) of the TUC Act before taking or embarking on strike.
The claimant is the employer of the 2nd and 3rd defendants who are officials of the 1st defendant, an umbrella association of senior staff of the claimant. The defendants are said to have threatened by a threat letter dated 31/1/2019 to go on strike and completely shut down claimant’s premises if the resolutions of the claimant’s Board meeting does not turn out to be in conformity with their stand. The defendants are alleged to have previously embarked on strikes between the year 2015 to 2018 without notice, that the 1st defendant has again issued a 7 day ultimatum to the plaintiff on 31/1/2019 to relay the Board’s decision of 24/1/2019.
That unless the defendants are restrained, they will carry out their threat and the whole Insurance Company will be grounded thereby causing irreparable loss to commerce and trade in Nigeria.
In reply, the defendants deposed that it is not true as alleged by the claimant that the defendants did not threaten anybody or the claimant to embark on strike or complete shutdown of the claimant’s premises.
That the 1st defendant was not in existence in 2015 and 2016 and so could not have embarked on strike in those years as alleged that the ultimatum in the letter is not in respect of any strike and the seven days ultimatum therein has since elapsed on 7/1/2019 and the defendants have not embarked on any strike.
Defendants counsel argued that the claimant is not entitled to the reliefs sought because the claimant has failed to place relevant and sufficient material facts before the court.
By a notice of preliminary objection dated 26/2/2019 and filed on the same date, the defendants want an order of the court dismissing the originating summons on the grounds the suit was wrongly instituted by an originating summons, that the suit as presently constituted does not disclose any reasonable cause of action against the defendants.
In reply, claimants counsel argued that the use of a wrong procedure does not rob the Court of jurisdiction.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice K. D. Damulak held that matters to be instituted by Originating Summons are not restricted to law or an instrument made under any law in Nigeria, dismissed the preliminary objection for no merit.
“Apart from the use of the expression “7-day ultimatum”, it appears to the Court that the defendants were very careful and circumspect in their choice of words and use of language.
“In paragraph 2, the defendants said the Association is very hopeful that the approvals will be in line with the union's requests already captured in previous MOUs reached and signed by parties.
“This cannot be read to mean that the defendants have said the approvals must be in conformity with their stand or they will go on strike and completely shut down claimant’s premises.
“I find the fear and complaint of the claimants that by the letter dated 31/12/2019, the defendants have threatened to embark on strike and completely shut down the claimant’s premises as soon as they realize that the resolutions of the Board meeting are not in conformity with their stand to be a product of over interpretation of the said letter.” Justice Damulak Rules
In all, the court dismissed the case for lacking merit.
