Alex Oladele Elufioye & Ors Vs Ibrahim Halilu & Ors (1993)

LawGlobal-Hub Lead Judgment Report

OMO, J.S.C.

The plaintiffs in this case are members of the National Union of Banks, Insurance, Financial Institutions Employees, which Union is the 18th defendant. The 1st to 11th defendants were elected as part-time officers of the 18th defendant (hereinafter referred as “the Union” simpliciter), at its last National Delegates Conference held between 26th and 28th November 1985.

The 12th defendant is a full-time national officer of the Union, its substantive Deputy General Secretary, and its Acting General Secretary with effect from 15/9/87 when the substantive holder of that office retired. The 13th to 17th defendants are Banks where the union has or is believed to have accounts.

The plaintiffs, on 1st December 1988, instituted by way of originating summons an action in the High Court of Lagos State Claiming the following refiefs:-

(i) a determination of the question whether the respective terms of office of each of the 1st-11th defendants expired on 28/11/88 having regard to the provisions of Rule 10(iii) of the Constitution of the 18th Defendant Union (hereinafter referred to as “the Union”);

(ii) a determination whether the declaration made by the 151 defendant on 19/11/88 to the effect that the National Delegates Conference of the Union would not be held in November 1989 (sic) but at some

other time in or before November 1988 (sic) is inconsistent with the Constitution of the Union and therefore null and void;

(iii) a declaration that only a National Delegates Conference can alter the provisions of the Constitution of the Union and that the purported decision of the National Executive Council (NEC) that no National Delegates Conference of the 18th Defendant Union be held in November 1988 is a violation of the Constitution of the Union and that the same is null and void and of no effect;

(iv) a declaration that the respective terms of office of each of the 1st-11th defendants ceased at the expiration of three years from the 28th of November 1985;

(v) injunction to restrain each of the 1st-11th defendant from (a) performing the functions of his office (b) parading himself as an officer of the Union and (c) operating any Bank accounts of the Union or disposing, receiving, negotiating or dealing with any assets of the Union;

(vi) mandatory injunction directing the 12th defendant to summon a National Delegates’ Conference:

an injunction restraining the bankers of the Union from honouring any cheques or payment orders etc until a proper National Delegates Conference shall have been held.

By a motion on notice also dated 1st December 1988 the plaintiffs sought:-

“(i) An Injunction restraining the 1st-11th defendants and each of them from:-