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Court Nullifies Union’s Delegates Conference

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The National Industrial Court of Nigeria sitting in Abuja has voided the delegates conference of the Nigeria Civil Service Union which was held on 25 and 26 of January 2018.

The presiding judge, Justice Sanudi Kado made the order in a ruling he delivered on November 5, 2018.

In a suit numbered: NICN/ABJ/31/2016, Comrade Benson Ekasa and Comrade Menele Nzidee, had dragged the National President of the Nigeria Civil Service Union, Comrade Kiri Mohammed, the NCSU, the Civil Service Union and the Registrar of Trade Union before the court over the union’s leadership tussle.

The claimants are urging the court to make an order of committal against the 1st defendant (kiri Mohammed and officials of the Nigeria Civil Service Union; Messrs F.C. Ifoh and Comrade Lawrence Amaechi for contempt of court for their flagrant disobedience of the court’s order of December, 2017, in which the court ordered that parties in the suit should not do anything that will affect the essence of the pending suit.

They are also praying the court for an order preventing Comrade Lawrence Amaechi from parading himself or acting as President of the Nigeria Civil Service Union forthwith pending the final determination of the suit.

According to the ruling, “the 1st defendant and his agent and privies despite court’s order still went ahead to hold the 2nd defendant’s national conference on the 25 and 26 days of January 2018 in Abuja and hurriedly installed new leadership in the 2nd defendant, in outright disrespect and disobedience of the court’s order, in order to render this suit nugatory.

The motion for committal was brought pursuant to Section 6 of the 1999 Constitution, as amended, Order 17 Rules 1-11, Order 63 Rules 1-3, of the National Industrial Court of Nigeria, (Civil Procedure) Rules 2017 and under the inherent jurisdiction of this court.

In his ruling for status quo to be maintained, Justice Kado held that “it is manifestly clear that the delegate conference conducted on 25 and 26 January 2018, was convened in utter disregard of the order of this court made on 6/12/2017.

“This court is clothed with requisite disciplinary power to put a stop to the flagrant disrespect to the sanctity of the institution of the judiciary by parties who are all out to ridicule the court by ignoring its processes which they are fully aware of,” the judge pointed out.

“In view of the foregoing and in order to restore sanity and put a stop to disrespect to the court, I hereby nullify the delegates conference of the 2nd defendant which was held on 25 and 26 January, 2018, when there is a valid order of court on 6/12/2017 and there is a valid interlocutory motion for injunction pending for ruling which all the actors were fully aware of.

Similarly, the Court of Appeal in Abuja has struck out an appeal that was instituted by the defendants in respect of the earlier order of the NICN which asked parties in the suit to stay action pending its determination of the subject matter of litigation.



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