Judiciary
Court affirms CONUA, NAMDA as trade unions
Court affirms CONUA, NAMDA as trade unions
The National Industrial Court on Tuesday affirmed the recognition of the Congress of Nigerian University Academics (CONUA) and the National Association of Medical and Dental Academics (NAMDA) as trade unions.
The claimant in the suit, the Academic Staff Union of Universities, dragged the Minister of Labour and Employment; The Registrar, Trade Union; CONUA and NAMDA as first, second, third and fourth defendants, respectively, before the NIC.
Delivering judgement, Justice Benedict Kanyip held that, in line with the International Labour Organisation Act, there can be more than one trade union within employment.
In addition, the judge stated that contrary to the claimant’s submission that Section 3(2) of the Trade Union Act made the first and second defendants incompetent to register CONUA and NAMDA to coexist and carry out the same functions in the universities as ASUU.
Kanyip said that the Section does not encourage the monopoly of trade unions, but rather encourages the existence of other trade unions.
The court said, “The reliefs prayed by the claimant failed, refused and I so hold. I make no order as to cost”.
From the facts, the claimant had instituted the suit via an originating summons filed on June 26, 2022.
The claimant’s counsel, Mr Femi Falana, SAN, submitted two questions for determination.
Part of the question was whether, under Section 4 (2) of the Constitution of Nigeria 1999 as amended and Section 3 (2) of TUA, the second defendant can register CONUA and NAMDA to carry out the same functions covering the same jurisdiction sphere as the claimant.
The counsel further averred that the second and third defendants registered the third and fourth defendants in a bid to split ASUU.
In reply, the first and second defendants submitted that the court should determine whether the issues raised by the claimant were not speculative and academic.
The third defendant, on its part, raised three issues that bordered on whether the claimant put before the court any proof, whether the claimant’s suit was not liable to be dismissed, and whether the third and fourth defendants were not legally registered.
The fourth defendant submitted for the determination of the court whether there was any violation in the registration of the two unions.
The court, in arriving at its decision, held that the claimant in its submission stated that the first and second defendants approved the registration of CONUA to operate in the universities as a trade union on October 4, 2022.
According to the court, the claimant gave evidence of this assertion from an online publication titled “FG registers two new university unions in a bid to split ASUU”.
Although the fourth defendant objected to the admissibility of the publication in evidence, stating that the publication was hearsay evidence, the court, however, dismissed the objection and allowed its admissibility as Exhibit 1.
The court also held that the fourth defendant was not registered as a trade union until January 11, collected the certificate of registration on January 13 and formally completed all processes to be registered as a trade union on January 17, 2023.
The court, therefore, ruled that as of June 26, 2022, when the claimant filed the suit, the fourth defendant was not in existence.
The court in the judgement equally said that the claimant did not have any evidence when it came to court to file the suit.
Adding that the name under which the claimant sued the fourth defendant was wrongly spelt as “Nigeria Association of Medical Doctors Academics” instead of ”National Association of Medical Doctors Academics”.
The court, however, added that a suit can be allowed if a juristic entity is misnamed.
The judge stated that the first and second defendants argued that because the claimant could not produce evidence that the two unions were registered by them before filing the suit, the action rendered the suit as speculative, academic and should be dismissed.
In defending the suit, the third defendant also submitted that the suit was vague and not precise and described the claimant’s claim as not substantiative.
The court concluded by stating that there was no express conferment of exclusive jurisdictional scope on the claimant, and therefore the claimant cannot claim it.
The court added that the claimant failed to show the encroachment of the jurisdictional scope, which it cannot lay exclusive right to by restricting the rights of others, as the second defendant did not lay bare such exclusive rights in its schedule.
(NAN)
Court affirms CONUA, NAMDA as trade unions
The police on Thursday arraigned a 42-year-old man, Ogundare Anuoluwapo in Ado-Ekiti for sexually harassing his neighbour’s wife.
Anuoluwapo, whose address was not provided, was charged with sexual harassment before an Ado-Ekiti Chief Magistrates’ Court.
He, however, pleaded not guilty to the charge.
The prosecutor, Sgt. Alice Ojo, told the court that the defendant committed the offence on Dec. 8, 2024 at 5.00p.m in Ado-Ekiti.
Ojo said that the defendant sexually harassed his neighbour’s wife, Mrs Esther Sikiru, by constantly requesting for sexual intercourse from her.
She said that the defendant also threatened the complainant during the sexual overtures.
The prosecutor said that the offence contravened Section 270(1)&(2) of the Criminal Law of Ekiti State, 2021.
She urged the court to adjourn the case to enable her study the file and assemble witnesses.
The defence counsel, Mrs Adunni Olanipekun, urged the court to grant her client bail, promising that he would not jump bail.
The Chief Magistrate, Mr Abayomi Adeosun, granted the defendant bail in the sum of N50,000 with one surety in like sum.
Adeosun adjourned the case until Feb. 20 for mention.
An Area Court sitting at Centre-Igboro in Ilorin on Thursday dissolved the Islamic marriage between Wuraola Surajudeen and Surajudeen Omo Iya-Onitasi.
The Presiding Judge, Hammed Ajumonbi, pronounced the dissolution of the marriage after the now ex-wife refunded the N20, 000 bride price to the now ex-husband.
Ajumonbi held that both parties, who were residents of Abayawo in Ilorin, could go their separate ways since there was no child between them.
The court, however, asked the woman to file another case to claim her belongings still in the custody of the man, saying the application before it was only for divorce.
Earlier, Wuraola had on Nov. 27 filed for divorce and cited lack of love and affection as reasons.
Surajudeen, who did not oppose the application, had however insisted on the refund of the bride price he paid.
However, Wuraola while returning the bride price, had told the court that she did not pick anything before leaving their matrimonial home.
She had urged the court to grant her permission to pack her belongings, but the court refused and asked her to file an application to that effect.
The Nigeria Customs Service (NCS), Ogun Area 1 Command, has handed over illicit drugs worth N117.59 million to the National Drug Law Enforcement Agency (NDLEA).
The Comptroller of the command, Mr James Ojo, disclosed this during the handing over of the drugs to Mr Olusegun Adeyeye, the Commander of NDLEA, Idiroko Special Area Command, in Abeokuta, Ogun, on Friday.
Ojo said the customs handed over the seized cannabis and tramadol tablets to the Idiroko Special Command for further investigation in line with the standard operating procedures and inter-agency collaboration.
He said the illicit drugs were seized in various strategic locations between January and November 21, 2024, in Ogun State.
He added that the illicit drugs were abandoned at various locations, including the Abeokuta axis, the Agbawo/Igankoto area of Yewa North Local Government Area, and Imeko Afton axis.
Ojo said that the seizure of the cannabis sativa and tramaling tablets, another brand of tramadol, was made possible through credible intelligence and strategic operations of the customs personnel.
“The successful interception of these dangerous substances would not have been possible without the robust collaboration and support from our intelligence units, local informants and sister agencies.
“These landmark operations are testament to the unwavering dedication of the NCS to safeguard the health and well-being of our citizens and uphold the rule of law,” he said.
He said the seizures comprised 403 sacks and 6,504 parcels, weighing 7,217.7 kg and 362 packs of tramaling tablets of 225mg each, with a total Duty Paid Value of N117,587,405,00.
He described the height of illicit drugs smuggling in the recent time as worrisome.
This, he said, underscores the severity of drug trafficking within the borders.
“Between Oct. 13 and Nov. 12 alone, operatives intercepted a total of 1,373 parcels of cannabis sativa, weighing 1,337kg and 362 packs of tramaling tablets of 225mg each,” he said.
Ojo said the seizures had disrupted the supply chain of illicit drugs, thereby mitigating the risks those substances posed to the youth, families and communities.
He lauded the synergy between its command, security agencies and other stakeholders that led to the remarkable achievements.
Ojo also commended the Comptroller General of NCS for creating an enabling environment for the command to achieve the success.
Responding, Adeyeye, applauded the customs for achieving the feat.
Adeyeye pledged to continue to collaborate with the customs to fight against illicit trade and drug trafficking in the state.
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