Court strikes out NASU’s case against Labour Minister
The National Industrial Court sitting in Abuja on Thursday struck out a suit filed against the Minister of Labour and Productivity by the Non-Academic Staff Union of Educational and Associated Institutions (NASU).
NASU prayed the court to make an order of interim injunction, restraining the minister from giving approval for the registration of a parallel union.
The presiding judge, Justice Maureen Esowe in her ruling held that the matter before the court was based on speculation and that the proper parties were not joined.
Esowe explained that the court could not rely on facts that were based on hearsay to decide a case since the said application for registration had yet to be made.
She, however, sustained the preliminary objection filed by the counsel for the defendant, Mr Nnanna Ibom, and struck out the case.
“The court cannot give an order restraining the defendant from accepting a yet-to-be-filed application for registration.
“The case is premature as the court cannot rely on hearsay to decide its case.
“The preliminary objection is sustained and this case is hereby struck out,” she ruled.
NASU sued the Minister of Labour and Productivity, the Registrar of Trade Unions and the Attorney- General of the Federation via an ex-parte motion on June 12.
The union alleged that the first defendant was likely to give approval for the registration of a new trade union – “Non-Teaching Staff Union of Polytechnics”.
NASU also alleged that the parallel union was formed by its members, led by Mr Shaba Nakorji, who was removed from office as a branch chairman of the union.
The claimant explained that the said Nakorji and others were suspended in 2011 for alleged embezzlement of union dues paid by members in Federal Polytechnic, Bida branch, between 2007 and 2011.
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NASU prayed the court to make an order of interim injunction, restraining the minister from giving approval for the registration of a parallel union.
The presiding judge, Justice Maureen Esowe in her ruling held that the matter before the court was based on speculation and that the proper parties were not joined.
Esowe explained that the court could not rely on facts that were based on hearsay to decide a case since the said application for registration had yet to be made.
She, however, sustained the preliminary objection filed by the counsel for the defendant, Mr Nnanna Ibom, and struck out the case.
“The court cannot give an order restraining the defendant from accepting a yet-to-be-filed application for registration.
“The case is premature as the court cannot rely on hearsay to decide its case.
“The preliminary objection is sustained and this case is hereby struck out,” she ruled.
NASU sued the Minister of Labour and Productivity, the Registrar of Trade Unions and the Attorney- General of the Federation via an ex-parte motion on June 12.
The union alleged that the first defendant was likely to give approval for the registration of a new trade union – “Non-Teaching Staff Union of Polytechnics”.
NASU also alleged that the parallel union was formed by its members, led by Mr Shaba Nakorji, who was removed from office as a branch chairman of the union.
The claimant explained that the said Nakorji and others were suspended in 2011 for alleged embezzlement of union dues paid by members in Federal Polytechnic, Bida branch, between 2007 and 2011.
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posted by Greaterheights @ 7:45:00 pm
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