His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court sitting in Abuja has ordered for appointment of Public Trustee to oversee the administration and finances of The Nigeria Civil Service Union for a period of three months and to organize and convene National Delegates Conference of the union to elect new executive members for purposes of running the affairs of the Union in line with its Constitution.
The court further directed the Registrar of Trade Unions not to recognize and register any amendment that will allow any official of the Nigeria Civil Service Union that has retired from service to continue to hold any position in the union.
The Claimants sought against defendants for a DECLARATION that the undue expulsion of the 1st Claimant from the 2nd Defendant (Union) via a letter dated 3rd February 2016 and titled” EXPULSION FROM THE UNION” is unlawful, unconstitutional, null and void.
Likewise, A DECLARATION that the continuous stay of the Comr. Kiki Muhammed as the President of the Nigeria Civil Service Union even after his due retirement from Jigawa state Civil Service is unconstitutional, illegal and invalid among others.
From the statement of facts, the Claimants testified that by a circular dated 18th January, 2016 both the defendants have concluded plans to call a special delegates conference to ratify their resolutions which is to ensure the Comr. Kiki continues to act as president of the Nigeria Civil Service Union, even after his due retirement from the civil service of Jigawa State and have neglected to conduct National Executive Council to prevent aggrieved members from crying out against the illegality of the 1st Defendant’s tenure.
And also that upon the institution of the present suit the union unduly expelled Comrade Benson Ekasa without fair hearing.
The Claimants further averred that the Comrade Menele Ziadam Nzidee as the most senior National Deputy President ought to be declared the Acting National President pending when the election would be duly conducted in the union.
In defense, the defendants averred that the Comr. Kiki is not due to retire until the year 2018 and therefore the claim by the Claimants that the Nigeria Civil Service Union was run by retirees was false that his retirement is an issue that only the Jigawa State Civil Service can determine that the Claimants’ case lacks merit and should be dismissed with cost.
The defendants further averred that by virtue of the union’s constitution of 2005, the union has the right to amend its constitution through the union’s organs, and no mischief in the amendment carried out and the allegation of the Claimants that the amendment is to allow the Comr. kiki continue as president was false.
Delivering the Judgment, the presiding Judge, Justice Sanusi Kado held that it will be wrong for anybody or person to expel a citizen from an association or union because of instituting court case to ventilate his grievance.
The court declared the expulsion of the Comrade Benson Ekasa null and void and of no effect whatsoever and order for reinstatement back to the union with immediate effect without loss of his entitlement.
On the alleged retirement of the 2nd defendant, the court dismissed the claim for lack of proof and expressed that the Claimants have not in the course of giving evidence in chief tendered the publication of the 2nd Defendant to establish their averments on issue of Comrade Kiri Mohammed ceasing to be a Civil Servant in the Jigawa State Civil Service which means that the Claimants are no longer interested in establishing that Comrade Kiri has ceased to be a Civil Servant in the Jigawa State with effect from January 2016.
“In the circumstance of this case, I hereby pursuant to section 19 of the National Industrial Court Act 2006 and Order 59 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, make order for appointment of a Public Trustee to oversee the administration and finances of the 2nd Defendant for a period of three months. The Public Trustee shall organize and convene National Delegates Conference of the Nigeria Civil Service Union to elect new executive members for purposes of running the affairs of the Union in line with its Constitution. At the conclusion of his assignment, the Public Trustee to be appointed vide this order shall report back to the Court on the assignment entrusted to him.” Justice Kado