His Lordship, Hon. Justice Ikechi Nweneka has struck out the case filed by Federal Area Council [Lagos State] Medical and Health Workers Union of Nigeria and Nine others against Comrade Adeyemi Yusuf, Medical and Health Workers Union of Nigeria and 5 others for Lack of Jurisdiction.

The Court held that parties have bound themselves to exhaust the internal dispute settlement mechanism before resorting to litigation that the constitution of a trade union constitutes a binding contract between the Union and its members.

The claimants via originating summons had sought for declaration amongst others whether, in the light of the constitution of the 3rd Respondent, the purported election held on the 15th day of October 2019 was proper, legal and in accordance with the provision of the said constitution and prayed the Court for An order setting aside all resolution/decisions made at the purported general conference/election held on the 15th October 2019.

Upon receipt of the originating summons, the Respondents counsel, Ahmed Adetola-Kazeem Esq. filed a notice of preliminary objection and a written address urged the court to dismiss the suit for lack of jurisdiction on the grounds that the suit contains disputed facts, that the failure of the Applicants to fulfil the condition precedent stipulated in the Union’s constitution robs the Court of jurisdiction to consider the questions and reliefs sought in the matter.

In opposition to the objection, learned counsel for the Applicants, Idris Abdulkareem Esq argued that the Applicants took adequate steps to settle the dispute amicably before filing the suit, and submitted that there is no substantial dispute of facts between the parties that the constitution of the Medical and Health Workers Union unequivocally states the business to be carried on at the State delegate conference, and the Union did not follow the laid down procedure in its conduct of the State delegate conference urged the Court to dismiss the preliminary objection.

In his Judgment, the presiding Judge, Hon. Justice Ikechi Nweneka held that it is not correct, as contended by learned counsel for the Applicants that the dispute in the case is between branches of the Union and the national body. While, ostensibly, the Applicants are branches of the Union, the 1st and 2nd Respondents – Comrade Adeyemi Yusuf and Comrade Ikechukwu Nwafor are members of the Union, the 3rd Respondent- Medical and Health Workers Union of Nigeria is the Union and 4th to 7th Respondents are branches of the Union under the 1st Applicant- Federal Area Council [Lagos State] Medical and Health Workers Union of Nigeria.

“The fact that the 2nd Respondent is a national officer and the 3rd Respondent is the Union does not convert the dispute as stated on the originating summons to one between branches of the Union and the national body.

“A careful reading of the affidavit in support of the originating summons reveals that there is no allegation of misfeasance against the 3rd Respondent. That is to say, there is no dispute between the Applicants and the 3rd Respondent but the 3rd Respondent is made a party to this suit as the parent Union so that it can be bound by the orders of this Court.

“Clearly, parties have bound themselves to exhaust the internal dispute settlement mechanism before resorting to litigation. It is trite that the constitution of a trade union constitutes a binding contract between the Union and its members.

“For this reason, I agree with learned counsel for the Respondents that compliance with Rule 28 of the constitution is a condition precedent to activation of the jurisdiction of this Court.

“There is no evidence that the Applicants complied with the 3rd Respondent’s internal dispute resolution mechanism.

Source: https://www.nicnadr.gov.ng

The National Population Commission (NPC) has said that all birth certificates issued by local governments and hospitals are not acceptable for official purposes in the country.

According to the Commission, only birth certificates issued by NPC is acceptable as the commission is the only agency legally authorised to issue such documents in the country.

The Ebonyi State Director of NPC, Edward Ogbu stated this during a review meeting and retraining of Ebonyi State health facility workers on birth registration service delivery.

The meeting, which was held with support and collaboration of the United Nations Children Fund, (UNICEF) took place at Citi Hub Events Centre in Abakaliki, capital of the state with health workers from all the local governments and health facilities in the state in attendance.

Mr. Ogbu solicited the help of government and health workers in the mobilisation of parents to register their children.

In a keynote address, the UNICEF Chief of Field office Enugu, Ibrahim Conteh lamented that recent records show that child registration in the country is still very low.

Quoting the National Demographic Health Survey 2018, Mr. Conteh said that 57 percent of children in Nigeria do not have their births registered.

Represented by a Child Protection Specialist with UNICEF, Enugu, Mr. Victor Atuchukwu, the UNICEF Chief said that of the 43 percent registered births only 62 percent are registered with NPC.

“26 percent are registered with private clinic/hospitals, nine percent are registered with Local Government Administration while three percent are registered with other authorities,” he said.

Mr. Conteh noted that non-registration of new born child has a lot of disadvantages to the child, the community and the country in general.

According to him non-registration of children’s births puts their access to basic service under threat.

“Their official ‘invisibility’ increases their vulnerability to abuse and exploitation

and violations of their rights go unnoticed. In legal terms they do not exist,” he added.

The Independent National Electoral Commission has acknowledged receipt of the judgement of the Court of Appeal which nullified the de-registration of political parties but affirmed that it would head to the Supreme Court.

The commission, however, said it was faced with two conflicting judgements from the Court of Appeal: one affirming its powers to deregister political parties and the other setting aside the de-registration of ACD and 22 others.

The decision by INEC to proceed to the apex court “for a final resolution of the issues raised in the two conflicting judgements,” was contained in a statement by its National Commissioner and chairman of its Information and Voter Education Committee, Festus Okoye on Monday.

He said, “We recall that on July 29, 2020, the Court Appeal, Abuja Judicial Division in an appeal filed by the National Unity Party affirmed the power of the commission (INEC) to deregister political parties that fail to meet the constitutional threshold in section 225A.

“Dissatisfied with the judgment the NUP lodged an appeal which is presently pending before the Supreme Court. The commission is therefore faced with two conflicting judgements from the Court of Appeal: One affirming the powers of the commission to deregister political parties and the other setting aside the deregistration of ACD and 22 others.

“Faced with two conflicting judgements from the same court, the commission is not in a position to pick and choose which one of them to obey.

“Consequently, the commission will approach the Supreme Court for a final resolution of the issues raised in the two conflicting judgements.

The Court of Appeal in Abuja on Monday had reversed the deregistration of 22 political parties, by the Independent National Electoral Commission.

The judgment delivered by a five-man panel headed by the President of the Court of Appeal, Justice Monica Dongban-Mensem, set aside the earlier June 11, 2020 verdict of the Federal High Court in Abuja which had affirmed the deregistration of 32 political parties including the 22 appellants.

The political parties were among the total of 74 whose deregistration INEC announced in a press statement in February this year.

But the five-man panel of the Court of Appeal unanimously overturned the Federal High Court’s judgment on the grounds that the cancellation of the parties’ registration failed to follow due process.

The 22 political parties whose registration was restored by the Court of Appeal on Monday are Avanced Congress of Democrats, Advanced Nigeria Democratic Party, All Blending Party, All Grand Alliance Party, Alliance of Social Democrats, Better Nigeria Progressive Party, Change Advocacy Party, Democratic People’s Congress, Green Party of Nigeria, and Masses Movement of Nigeria.

They also include Mega Party of Nigeria, New Generation Party of Nigeria, Nigeria for Democracy,

Peoples Coalition Party, Progressives Peoples Alliance, People for Democratic Change, Young Democratic Party, Re-build Nigeria Party, Save Nigeria Congress, Socialist Party of Nigeria, United Democratic Party, United Patriots, and We The People Nigeria.

But the Monday’s verdict contradicts an earlier July 29, 2020 judgment of the same Abuja Division of the Court of Appeal.

The said July 29 judgment had affirmed the deregisteration of the National Unity Party.

Delivering the lead judgment of a panel of the court, Justice Mohammed Idris had held that INEC did not err in law in the deregisteration NUP.

The Abia State High Court presided by Justice CCT Adiele, has struck out a suit filed by the Anthony Nwankwo-led aggrieved stakeholders and members of the Peoples Democratic Party, challenging the congress held in Arochukwu Local Government Area of the state.

Recall that the Peoples Democratic Party, PDP, had in Arochukwu, held its congress to elect new party officers for local Government Executive Committees.

The LGA congresses produced two executives led Mr. Anthony Nwankwo and Mr Okemiri Nnwanko, which both are laying claims of emerging winner of the PDP chairmanship seat during the exercise.

However, the National Working Committee, NWC of the Peoples Democratic Party, PDP, had in the list released and signed by the National Organizing Secretary of the party, Col Austin Akobundu, ratified Okemiri Nwankwo as recognized new Chairman for Arochukwu chapter of the party.

But, while ruling on Monday in Umuahia, the Abia State capital, Justice Adiele, hinted that the plaintiff, Anthony Nwankwo and others, who prayed the court to cancel or declare his PDP led Executive as duly elected, during the congress conducted in the local government area, failed to prove that they were excluded from being returned and sworn in and hold office as persons that won in the ward and LGA Congresses that took place in February this year at the expiration of their respective tenures.

It was reported that respondents joined in the suit to upturn the outcome of the Arochukwu LG congress, included the Abia State Working Committee of the PDP, Governor Okezie Ikpeazu, Hon. Okemiri Nwankwo and others.

Meanwhile, reacting to the Court verdict, a chieftain of the Peoples Democratic Party, PDP, and member currently representing Ohafia/Arochukwu in Federal House of Representatives, Hon Uko Nkole, said that the new leadership of the PDP in Arochukwu LGA has come to stay and pointed out that the party was elected on the principles of equity.

Ascon Oil Ltd has recovered a petrol retail station at Block 36, Admiralty Way, Lekki Phase 1, Lagos purportedly sold by Stanbic IBTC Bank.

The development followed a recent ruling by Justice Mohammed Liman of the Federal High Court, Lagos.

The suit marked FHC/L/CS/567/2020, arose following a N1.7bn loan facility.

It was gathered that the property with a market value of N2.5bn was undersold at N1.53bn through Stanbic IBTC’s receiver to one of its customers, Rainoil Ltd.

Rainoil is one of Ascon’s competitors in the downstream sector and in 2019 while Stanbic IBTC was its banker, made a bid to acquire controlling shares in Ascon Oil.

The property had been in the receiver’s possession following a May 15, 2020 ex-parte ruling by the same court authorising the takeover of the property and restrain Ascon from interfering with the receiver’s discharge of his functions.

But on July 24, 2020, Justice Liman vacated that order after Ascon alleged non-disclosure and material misrepresentation of facts against Stanbic IBTC.

Before the July 24 ruling and in seeking to recover its property, Ascon had written to Stanbic IBTC through its Managing Director, Demola Shogunle, stating that its outstanding indebtedness was now available and that it was ready to make the payment subject to an audit of its account.

But the bank, it was learnt, declined, stating that the property had been sold.

It also declined Ascon’s requests for details of the expedited process of the transaction or evidence of any cash movement by which the property was purportedly conveyed to Rainoil.

On May 27, 2020, Ascon approached the court to set aside its earlier orders and nullify all steps taken pursuant to the orders.

It argued that since the company was not initially allowed to make its own case, this meant it was denied the right to fair hearing.

Justice Liman agreed that the receiver was wrong in law to have brought his application for the orders, ex-parte and that Ascon should have been put on notice.

Consequently, the order preventing Ascon from resisting the activities of the receiver was vacated.

Ascon had alleged in its motion on notice that the purported Deed of Legal Mortgage dated June 5, 2019 through which Stanbic IBTC derived its right or power to either appoint a receiver or sell the property was forged.

“At the time the Deed of Legal Mortgage was purportedly executed, Ascon had by letters of 28th and 31st May 2018 protested the inclusion of the property for perfection. Thus, Ascon could not have executed a Deed of Legal Mortgage over the same property,” the document stated.

Ascon also alleged that forensic analysis of the purported Deed of Legal Mortgage revealed significant inconsistencies as two supposed signatures were materially different from their regular signatures and the signature page of the purported Deed of Legal Mortgage was a counterpart copy of previously executed versions.

It was learnt further that prior to the extant issues, Ascon in May 2019 paid N500m out of its outstanding indebtedness.

It also requested for a restructuring of the loan facility to enable it to meet the escalating repayment obligations on it following fresh terms/conditions by the bank.

The firm made an offer to the bank requesting to pay a lump sum of N500m on or before December 31, 2019, with outstanding balance spread over 24 months and suspension of further interest charges, which the bank declined.

The company revealed that it had paid about N800m out of the term loan till date.

In 2017, the oil firm requested additional trading facilities to assist it in trading and thereby make monies that will be used to offset the existing term loan.

The securities listed to secure the term loan are property at Plot 27, Balarabe Musa Crescent, Victoria Island; Lagos, lube plant located along Lagos-Ibadan Expressway, Magboro; petrol station at Osolo Way, Isolo; and petrol station at Gbagada-Oshodi Expressway, Lagos.

However, the latest ruling by the Federal High Court, Lagos, has changed the complexion of the tussle as it has ordered the return of the petrol station in Lekki to Ascon.

Source: Sahara Reporters