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Owerri – The Presiding Judge of the National Industrial Court of Nigeria, Owerri Judicial division, His Lordship, Hon. Justice Ibrahim Galadima has ordered Suspended Abia State Chairman of the National Union of Road Transport Workers, Mr. Sunday Akoma, the NURTW, Alhaji Najeem Yasin and three others to maintain status quo until the determination of the substantive action.
The court threatens that both parties must shield their swords of resorting to self-help that any party opposed to attending to his case from the comfort of his home shall do so from prison when found to be in contempt of this court and these proceedings.
The Claimant’s Counsel C.C. Uhuaba Esq sought for an order of interlocutory injunction restraining the Defendants either by themselves or through their agents from interfering, disturbing, obstructing or preventing the Claimant from performing his functions as the State’s Chairman of the National Union of Road Transport Workers, Abia State Council pending the determination of the substantive suit.
The motion which was filed on 10/4/2019, In the accompanying address, one issue was identified for determination whether the applicant has satisfied the basic requirements of the law to be entitled to the relief sought?
On 24/5/2019, the Defendants counsel U.S. Onyeoguzoro Esq rather than oppose the application for injunction, filed a separate motion seeking for an order dismissing or striking out the suit as well as the Claimant’s motion for injunction for purportedly being incurably defective, incompetent, and an abuse of the court process on the grounds that the Complaint does not contain any relief and not signed by a legal practitioner, no valid originating process to which a statement of facts may be founded on and Contrary to the Sheriffs and Civil Processes Act, the Claimant did not obtain leave to serve the Defendants who reside in Abuja.
Primarily, Defendants’ accompanying address asked for determination whether the failure to comply with the mandatory requirements of sections 96 – 99 of the Sheriffs and Civil Processes Act(SCPA) does not rob this court of the jurisdiction to entertain this action?
On his part, the Claimant’s Counsel in his response argued that the originating processes are unsigned, that the pleadings were indeed signed by the Counsel to the Claimant, also the fact that Defendants were served through their registered office in Abuja, suggests that the Claimant had complied substantially with the rules of the court.
The Claimant’s Counsel was then given leave to move and argue his pending application, In his argument, learned Counsel submitted further that damages will not be adequate to compensate him for the wrong done to him, that he is ready, able and capable of satisfying any undertaking as to damages in the event that any interlocutory Orders obtained by him is found to be unmeritorious by the Court.
The Presiding Judge, Hon. Justice Ibrahim Galadima after careful evaluation held that the whole of the Federation of Nigeria is a single jurisdiction for the National Industrial Court.
“Leave of this court is only required to serve the process of this court on a Defendant who is out of jurisdiction of this court, that is, outside the territory of Nigeria. Going by this position, it thus implies that processes issued from this court to be served within Nigeria do not require the endorsement in Section 97 of Sheriffs and Civil processes Act.
“Assuming without holding that the Complaint was not signed, a cursory look at the Complaint itself reveals that it was issued in compliance with Form 1 being the general form of complaint as provided for by the Rules of Court.
“A fortiori, it is my considered view that the originating processes in this suit are valid and competent, thereby making this court fully seised with the jurisdiction to hear and determine this action. The relief sought therein are not only legible but triable.
“Upon careful consideration of the instant therefore, I am not swayed to grant this interim injunctive restraint for the fear of delving into the substantive action. It shall be in the interest of all parties concerned instead to concentrate on getting this case heard expeditiously instead. I must decline the application for interlocutory injunction.
“Notwithstanding my stance, it is crucial that the status quo that existed following the indefinite suspension of the Claimant till the 10/4/2019 when this suit was filed, be accordingly maintained until the determination of the substantive action.
“Therefore, during the pendency of this suit, both parties must shield their swords of resorting to self-help. Any party opposed to attending to his case from the comfort of his home shall do so from prison when found to be in contempt of this court and these proceedings.” Justice Galadima rules.
In all, the court declined the prayers sought in these motions and ordered an accelerated trial of the substantive suit.
