Sunday E, Umoren V. Asuquo E, Akpan & Ors (2008)

LawGlobal-Hub Lead Judgment Report

M. A. OWOADE J.C.A.

This is an appeal against the Ruling of Honourable Justice Edemekong I. Edemekong sitting at the High Court of Akwa Ibom State, Uyo delivered on 4th November, 1997.

On 21st July, 1997, the Respondents as Plaintiffs before the lower court filed an originating summons which asked for the determination of sundry questions on the provisions of the Trade Union (Amendment) Decree No. 4 of 1996 and prayed inter alia for “a declaration that the election of the 1st, 2nd, 3rd and 4th Defendants as the President, Vice President, Publicity Secretary and Treasurer respectively of the 5th Defendant at the just concluded delegates conference is illegal, unlawful and contrary to the Trade Union (Amendment) Decree No. 4 of 1996 and accordingly null and void.

On 4th August, 1997, the learned Counsel to the Defendants now Appellants filed a motion on Notice for dismissal of the suit for want of jurisdiction in that the Plaintiffs have instituted the action in violation of the Provisions of Trade Unions (Amendment) Decree No.4 of 1996.

On 4/11/1997, the learned trial Judge delivered a Ruling in which he overruled the Defendants/Appellants motion for objection.

Dissatisfied with the said Ruling the learned Counsel for the Defendants/Appellants filed a Notice of Appeal containing 3 Grounds of Appeal on 11/11/1997.

The Appellant’s brief of argument in this case, dated 5/4/2001 was filed on the same day. The Respondents brief dated 21.6.2007 was also filed on the same date.

The sole issue formulated for determination by the Appellant is:

“Whether the learned Judge was right to overrule the Appellant objection and assume jurisdiction to try the substantive suit notwithstanding the fact that the subject matter is an intra Union dispute?”

The learned Counsel for the Respondents on the other hand formulated two (2) issues for determination.

1. Whether the learned trial Judge was right in holding that the Trade Union (Amendment) Decree No. 4 of 1996 did not oust the jurisdiction of the High Court to entertain the matter.

2. Whether the Trial Disputes (Amendment) Decree No. 47 of 1992 was capable of ousting the jurisdiction of the High Court in the circumstances of this case.

I will adopt the sole issue formulated by the Appellants in the determination of this appeal as it conveniently encompassed the issues formulated by the Respondents.

Learned Counsel for the Appellants submitted reiterating the facts that both parties ( except the 5th Appellant) are members of one trade union namely: The Nigeria Union of Local Government Employee (NULGE), the 5th Appellant herein. And that the originating process in the suit has clearly shown that the cause of action is an intra union dispute of which the jurisdiction of lower court is excluded by Section 2 of the Trade Disputes (Amendment) Decree NO.4 7 of 1992.