Hon. Justice Muhammed Hamza of the Portharcourt Judicial Division of the National Industrial Court has dismissed the case filed by Rivers Drivers Transport Co-operative Union Limited and 2 others, suing for themselves and all the Members of the Co-operative against National Union of Road Transport Workers (NURTW) Elelenwo Branch and 6 others for lack of jurisdiction.
Justice Hanza held that an attempt made by the Rivers Drivers Transport Co-operative Union Limited and 2 others that the genesis of the matter had occurred at a workplace can only be construed when the parties are subject to the jurisdiction of the Court and not where one of the party is not so registered by the Law.
From facts, the Claimants- Rivers Drivers Transport Co-operative Union Limited and 2 others had asked for a determination whether by virtue of Section 40 of the Constitution of the Federal Republic of Nigeria 1999 as amended the association and their members have the right(s) to form their own Association and operate freely in Nigeria without interference from the National Union of Road Transport Workers (NURTW) Elelenwo Branch and 6 others?
The association also sought a Declaration that the NURTW Elelenwo Branch and 6 others do not have the right to force Co-operative and their members to belong to their own association and purchase their tickets.
Likewise, the sum of N10,000,000.00 (Ten Million Naira) only being general damages for losses incurred as a result of seizure and impoundment of their six (6) tricycles (Keke) by the Defendants and obstruction of the smooth running of their business amongst others.
In defence, the 7th defendant- submitted that the Court lacked the jurisdiction to determine the case on the ground that Rivers Drivers Transport Co-operative Union Limited who are not trade Unions cannot maintain an action against the NURTW (a registered Trade Union).
The learned counsel to the 7th defendant-HRH EZE SUNNY WELICHUKWU averred that Rivers Drivers Transport Co-operative Union Limited and 2 others are mere ordinary members of an Association/Co-operative Society and lack the locus to institute an action against the NURTW and urged the Court to dismiss the case in its entirety.
In opposition, the learned counsel to Rivers Drivers Transport Co-operative Union Limited and 2 others maintained that the Court has jurisdiction to entertain the Suit as issues that led to the institution of the case had to do with contention over a workplace, urged the Court to dismiss the Preliminary Objection in the interest of justice.
Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Muhammed Hamza held that the Rivers Drivers Transport Co-operative Union Limited and 2 others are not a registered Trade Union but a Co-operative Society or Association.
Justice Musa stated that where a statute ousts the jurisdiction of the Court; the language of such statute must be construed rather strictly, but once it is crystal clear that the facts of a particular case come squarely within the four corners of the cold embrace of the ouster statute, the hand of the Court are tied and has no alternative except to hold that it lacks jurisdiction.
The Presiding Judge held that an attempt made by the Rivers Drivers Transport Co-operative Union Limited and 2 others to show to the Court that the genesis of the matter had occurred at a workplace only be construed when the parties are subject to the jurisdiction of the Court and not where one of the party is not so registered by the Law.
“However, notwithstanding the position stated above, that does not preclude the right of the Co-operative Society to file suit before this Court in case of intra dispute e.g. non-payment of salaries to an officer(s) of the Society.” The Court ruled.
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