Makurdi—The Presiding Judge, National Industrial Court of Nigeria, Makurdi Judicial division, His Lordship, Hon. Justice Salisu Danjidda has nullified the removal of the HON. JOHN T. TSUWA Chairman and 5 other members of Benue State Independent Electoral Commission, ordered payment of their salaries from December 2018 to March 2021 within 30 days.

The Court held that the Governor of Benue State acted ultra-vires of his powers.

Hon. John Tsuwa and 5 others contended that they were unconstitutionally removed from office that their appointments were for 5 years that the letters of removal dated 24th October 2018 issued by a Permanent Secretary (General Service) in the office of the 1st defendant is unlawful, illegal, and unconstitutional and of no effect whatsoever.

They further argued that their removals ought to be according to the dictates of Statute or by operation of the Constitution that Section 6(3) (b) of the Benue State Independent Electoral Commission Law is at variance with Section 201(1) (c) of the constitution.

In opposition, the Defendants argued that they did not breach any law as the removal was done in the Public interest thus constitutional.

Delivering the judgments, the presiding Judge, Justice Salisu Danjidda held that Claimants were removed from office for reasons other than those stipulated in Section 201 of the Constitution that the Governor of Benue State acted ultra-vires of his powers.

In all, the court nullified and set aside the purported letter of removal, ordered Defendants to pay claimants their salaries from December 2018 to March 2021 within 30 days.

A Senior Advocate of Nigeria, Chief Mike Ozekhome, has pleaded with the kidnappers of Justice Chioma Iheme-Nwosu to release her unhurt.
Iheme-Nwosu, was last Wednesday kidnapped along the Benin-Agbor Road, Edo State, by gunmen who also killed her police orderly.

Ozekhome in a statement said the abduction of Iheme-Nwosu in broad daylight in Benin City, was the saddest reminder of a beleaguered nation in the asphyxiating throes of death by installment.
He stated that Iheme-Nwosu’s Police orderly who accompanied her was brutally killed and dismembered in the process, in a most horrific manner, sent the chill down the spines of people.

Ozekhome said, “This is a noblewoman of high virtue, a fecund mind and one of the finest jurists of great erudition, currently dispensing justice in our intermediate Court, the Court of Appeal.
“It is heart-rending that Nigeria has been turned into a gruesome and crimson theatre of blood, with absolutely no government protection in sight.

“I beg you, captors or kidnappers of Justice Chioma, in the name of Almighty God to please release her unhurt. See her as your mother that you would never do anything to hurt no matter the circumstances. I beg you also in the name of humanity and of womanhood, as you read this, to set free, unharmed, unmolested and unhurt, this judicial amazon. Please, please, please. I beg you.”

The prominent lawyer said it was said that while Nigerians are being mauled down across the nooks and crannies of the country, politicians are ever busy politicking, instead of spreading democracy dividends.
He stated that it was surprising that politicians are already busy, strategising and plotting for 2023 even while the ink was yet to dry on paper as regards the February, 2019 elections.

According to him, Nigeria has become overheated and over politicised enclave; with no space for genuine governance.
He stated that the masses are hapless and are the victims of societal degeneracy and misplaced values.

According to him, judicial officers are not provided the right environment for their safety. And for the effective performance of their duties.
Ozekhome said, “The Judiciary, the weakest and whipping child of the three arms of government is mostly at the receiving end.

“A minister or Senator (both of the Executive and Legislative arms of government, respectively), can afford to travel in convoys of fully armed security operatives. A Judge is mercifully left with just one policeman, usually armed with obsolete firearms. He is plucked down and dismembered like a chicken.

“Yet, the judge, especially Justices of the Court of Appeal, must traverse the nation, handling never-ending sensitive appeals from election petition tribunals, in jurisdictions other than their ordinarily accustomed places of abode or sitting.

“They are thus compelled by the cause and course of duty to travel by road, the very bad roads that are unmanned by security personnel. They thus fall easy prey to marauders.”

Abuja—His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court sitting in Abuja has struck out the matter filed by ACADEMIC STAFF OF UNIVERSITY (ASSU) and 112 others against KOGI STATE UNIVERSITY and Kogi State Attorney General for being defective.

The Court held that failure to commence a suit with a valid originating process is a fundamental error as the court do not exercise jurisdiction in futility.

The defendants- KOGI STATE UNIVERSITY and Kogi State Attorney General via application sought for AN ORDER to strike out the case for want of competence and lack of jurisdiction on the ground that sealing of an originating process is a condition precedent to the assumption of jurisdiction by the court and also that the matter having not commenced the action within 3months from the date of the said proscription, that the Claimants action is incompetent and statute barred.

Counsel to the defendants also submitted that each claimant has a distinct and independent cases that Joinder of parties and causes of action should not be allowed urged that the case filed be struck out to enable the parties filed separate cases.

In reply, claimants counsel argued that the provision of Section 2 of the Public officer protection Act is absolutely irrelevant to the case that the proscription of the ACADEMIC STAFF OF UNIVERSITY (ASSU) resulted in the termination of their employment.

Delivering the ruling, the presiding Judge, Hon. Justice Sanusi Kado held that the Provisions of the Public Officers (Protection) Act does not protect act that was done in disregard of the law.

“Consequently failure to commence a suit with a valid originating process is a fundamental error. It goes to the root of the action since the condition precedent for the exercise of the court’s jurisdiction would not have been met to place the suit before the court to hear and determine the issues in the action.

“The process remains invalid ab initio it cannot commence the action. As court do not exercise jurisdiction in futility.

“Applying the principles of law enunciated in the decisions of the apex Court of the land and those of the Court of Appeal, discussed in this ruling, it will be right to say that the Claimants suit as it is presently constituted is bad for mis-joinder. And I so hold.” Justice Kado Ruled

In all, the court held that the Defendants objection to the competency of the suit on grounds of mis-joinder and absence sealing of the originating process as required by the Rules of the Court succeeds, struck out the matter for being defective.

Yenagoa—The Presiding Judge, Yenagoa division of the National Industrial Court of Nigeria, His Lordship, Hon. Justice Bashar Alkali has restrained the NATIONAL UNION OF ROAD TRANSPORT WORKERS [NURTW], members of Keke/Okada Unit of NURTW, Amassoma Chapter, Bayelsa State Council from harassing, intimidating the ROAD TRANSPORT EMPLOYERS’ASSOCIATION OF NIGERIA (RTEAN) Amassoma Chapter, Bayelsa State Council and or interfering with the their right to operate in Amassoma Town in Southern Ijaw Local Government Area of Bayelsa State.

The court also declared the practice of trade union seeking the approval of the Paramount Ruler to operate within a community as unlawful.

The court held that the recognition of a trade union is the exclusive preserve of the law and its operations are guided by the Nigeria Labour Congress and the Trade Union Congress that a Paramount Ruler or Council of Chiefs cannot dictate which union should or should not operate within a community.

The RTEAN had sought against the defendants for A DECLARATION that they are entitled to operate, unionize and admit into their membership willing Okada owners and self-employed Okada riders in Amassoma Town, Southern Ijaw Local Government Area of Bayelsa State among others.

The NURTW also Counter-claimed for A DECLARATION that the RTEAN members have no right to operate in the Okada section in Amassoma Town as agreed by the decision made by the Council of Chief and is binding on both parties.

The NURTW submitted that it is the practice of the people of Amassoma town that unions that intend to operate in Amassoma must obtain approval from the paramount ruler and members of the Amassoma council of chiefs that it was the Council of Chiefs that gave the 1st defendant the sole power to operate motorcycles as commercial transport in Amassoma town.

And further maintained that it is the Council of Chiefs that is preventing the Claimants from working because the Council do not want two unions to operate in the same sector urged the Court to dismiss the case.

In opposition, RTEAN averred that the jurisdiction of the NURTW does not extend to road transport employers in Nigeria and self-employed persons engaged in the transportation of passengers and goods by road.

Delivering the Judgment, the presiding Judge, Hon. Justice Bashar Alkali held that both unions, which are properly registered, have the right to operate within any jurisdiction without obstruction.

“To begin with, it is strange to imagine that the leaders of a community would determine the presence or otherwise of a legitimate trade union within their community. I do not want to believe that the Council of Chiefs did take that step. The purpose of the setting up of a trade union at any material time is to carter for the legitimate welfare of its members.

“The fact that a union must get express approval from the Council of Chiefs before operating within the community is a clear obstruction of the fundamental right to peaceful assembly and association as stipulated under section 40 of the 1999 Constitution.

“I am of the opinion that the extent of the scope and operations of the Parties herein are clearly defined and different. While the Claimants operate to protect the rights and interests of the Road Transport Employers, the scope of the Defendants’ operation relates to the Road Transport Workers. Although the 1st Defendant is specific on its scope as it serves as an umbrella body for drivers operating motorbikes, taxi cabs, tricycles, buses (both intra and inter-state services), trailers and lorries that engage in the conveyance of passengers and goods.”