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Judge frowns at TUC for disobeying court order, adjourns to 24th August for ruling on joinder application. 

Judge frowns at TUC for disobeying court order, adjourns to 24th August for ruling on joinder application. 

 

Justice Rabi Gwandu of Lagos Division of National Industrial Court (NIC) of Nigeria has adjourned to 24th August, 2022 for ruling on the applications of those that have applied to be joined as parties in the suit filed by the Association of Senior Staff Bank, Insurance, and Financial Institution (ASSBIFI), nine other affiliate unions against the Trade Union Congress (TUC).
The judge also slammed the lawyers of TUC and parties for disobeying its order restraining the body from holding her 12th Triennial Delegate Conference pending determination of the substantive suits filed before the court.
Recall that the Association of Senior Staff Bank, Insurance, and Financial Institution (ASSBIFI) alongside the Nigeria Merchant Navy Officers and Water Transport Senior Staff (NMNOWTSSA), Senior Staff Association of Shipping, Clearing and Forwarding Agencies, Pulp Paper and Paper Product Printing and Publishing Senior Staff Association of Nigeria (PPAPPPAPSSAN), Automobile Boatyard, Transport, Equipment and all Senior Staff Association of Nigeria (AUTOBATE), Air Transport Service Senior Staff Association of Nigeria (ATTSSSAN), Precision Electrical and Related Equipment Senior Staff Association, (PERESSA) had filed an injunction restraining the parent body from holding the 12th Triennial Delegate Conference owing to disputes among the unions.
The judge frowned at the lawyers and parties involved in the election conduct saying disobedience to court order erodes confidence in the system and failure to check it will breed anarchy.
At the previous sitting, the court had warned against holding the conference nor taking any further steps to hold it but TUC went ahead with the conference on 19th and 30th July, 2022.
In its argument, the union claimed that its decision to go ahead with the conference was borne out of another Order of court issued by Justice O. A. Obaseki Osaghae of NIC.
Timothy Adewale, Counsel to the Claimant on Thursday at the resumed hearing of the matter, informed the court of the disobedience of the order made by the court and that he has filed an application for contempt of court against the defendants.
He informed further that the Order of the court stopping the defendants from holding the conference or taking any other steps on the subject matter of the case until the determination of the substantive suit
The Counsel expressed shock saying despite court order, the defendants went ahead to hold the conference violating the court order.

He urged the court to hear the contempt application adding that unless the defendants obeyed the court order, they will be guilty of contempt of court.

However, counsel to TUC, Ambassador Sola Iji told the court that the first defendant’s, (TUC) decision to proceed with the 12th Triennial National Delegates Conference was based on an order by the National Industrial Court Abuja.

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He stated that the court directed that the conference should hold in line with the provision of the existing constitution.

Justice Gwandu however stated that she will get to the roots of the matter and adjourned the suit till August 24 to rule on applications of those that have applied to be joined as parties in the suit.

The claimants, in their originating summons, had prayed the court to declare that by virtue of the agreements and resolutions reached and ratified at the 11th triennial delegates’ conference of the defendant held on June 28, 2019, at NAF Centre, Abuja, the 1st claimant, ASSBIFI, should produce the next president of the TUC for the year 2022 to 2025.

The claimants also asked for an order, mandating and compelling the defendant to immediately enable the 1st claimant to produce and assume the office of the president of the defendant, in line with the agreement and resolutions reached and ratified at the 11th triennial delegates’ conference in Abuja.

The application is supported by a 27-paragraph affidavit deposed to by the general secretary of the Pulp Paper and Paper Products Printing and Publishing Senior Staff Association of Nigeria, PPAPPPAPSSAN, Benedict Ikegbulam.

He swore that sometimes in 2019, due to the leadership imbroglio and the intricate nature of the situation around the presidency of the TUC, members of the defendant, during its triennial delegates’ conference, constituted an electoral committee chaired by Comrade Augustine Etafo of Construction and Engineering Senior Staff Association of Nigeria and also a deputy president of the Congress to work out modalities for elections into TUC, as a way of resolving the imbroglio and saving the defendant from collapse.

He averred: “That the electoral committee, after the national officers’ position were harmonised with the approval of the National Executive Council of the defendant recommended to the defendant the following order of presidency of the defendant to prevent rancour or internal crisis.

That Food, Beverages and Tobacco Senior Staff Association of Nigeria, FOBTOB, take the position of TUC president in 2019 to 2022. That ASSBIFI take the position of TUC president in 2022 to 2025, and after the tenure of ASSBIFI, the position of the president shall be open to all members to contest, and that these recommendations were approved and ratified.

“The claimants were, however, surprised that the defendant, in preparations for the 12th triennial delegates’ conference, published a special notice, dated February 8, 2022, for positions to be contested (2022 to 2025) at the conference to include the office of the president of the TUC without any regard to the aforementioned motions adopted, ratified and already being implemented.”

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