The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has dismissed a suit seeking to restrain Nigeria Union of Local Government Employees (NULGE) Kaduna State Branch Caretaker Committee as abuse of Court process.
Justice Adeniyi held that the earlier judgement of the Honourable Court delivered in Owerri as it relates to the Union, its branches and the subject matter in the instant case are conclusive against the entire world, inclusive of the Claimants.
From facts, the claimants- Rayyanu Turunku and Seven others as elected leaders/officials of the Union had challenged Adamu Alh. Sani and Six others nomination as trustees or as members of the Caretaker Committee of the Union; sought the Court’s orders to restrain them to act as members of the Caretaker Committee.
Likewise, a declaration that the judgment of the Court delivered in Owerri does not apply to them as officials/leaders of the Nigeria Union of Local Government Employees Kaduna State Branch.
Upon being served, the Defendants - Adamu Alh. Sani and Six others counsel A. B. Usman Esq filed a Notice of Preliminary Objection challenging the jurisdiction of the Court on the grounds that judgement delivered in Owerri division has laid to rest the tenure of office of all elected officers of the Union at both National and State Chapters, that the Plaintiffs lack locus standi to institute any action in court after the swearing-in into office the Defendants as Caretaker Committee in accordance with the extant Union's Constitution and further that the suit as presently constituted is an abuse of court process which ought to be dismissed.
In opposing the objection, learned counsel for the Claimants’ I. A. Hamza Esq argued that the said judgement delivered in Owerri is not binding on the Claimants because they were not parties to the said suit.
Delivering Judgment after careful consideration of the objection and submissions of both counsel, the presiding Judge, Justice Sinmisola Adeniyi held that the contention of the learned Claimants’ counsel that the parties are different and therefore the judgement does not apply to the Claimants was totally misconceived.
“It is indubitable that the issue of tenure extension or elongation to a period of six (6) years had been conclusively resolved by this Honourable Court in Suit No: NICN/OW/36/2018, when this Court decided the tenure of all its officers, both at National and State levels to the four (4) year tenure prescribed in the Constitution of NULGE. And I so hold.
“It is my view that the earlier judgment of this Honourable Court as it relates to the NULGE and all its branches and the subject matter in the instant case are conclusive against the entire world, inclusive of the Claimants.
“The Claimants’ continual litigation is like flogging a dead horse or beating about the bush to find a way where there is none. I must completely agree with the Defendants’ learned counsel that the present action is another classical case of abuse of the judicial process. It must not be allowed to stand. And I so hold.
“It is settled that where a Court holds that its process has been abused, the proper order to make is for dismissal of the action.”
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