J. Uzor & Ors V. Nigerian Stores Workers Union & Ors. (1973)

LawGlobal-Hub Lead Judgment Report

UDO UDOMA, J.S.C. 

This appeal raises two issues for decision which, although fundamental in nature in view of their effect on the whole case, fall within a narrow compass as will emerge in the course of this judgment.

The appeal arose from Suit No. LD/600/1970, instituted in the High Court of Lagos by the Plaintiffs, herein respondents, against the defendants, herein appellants, the particulars of claim whereof, as endorsed on the writ of summons, would appear in the judgment.

Subsequent to the filing of the writ, and in obedience to an order of court made in that behalf, the respondents filed and delivered their statement of claim dated 11th January, 1971.

For the better appreciation of the importance of the issues raised and argued before us, it is necessary, we think, that the whole of the statement of claim be set out hereunder. It reads:-

“The Plaintiffs through their representatives aver as follows:-

1. That at the last Annual Convention of the Nigerian Workers Council otherwise (N.W.C.) held at Ibadan on the 30th and 31st August, 1969 Mr. Chukwura the General Secretary delivered a report on behalf of the Central Working Committee.
2. That the report was well received and debated and adopted for discussion.
3. That there was an election of officers and Mr. N. Chukwura and J. O. Enigbokan were returned unopposed as Secretary and Treasurer respectively.
4. That at the same annual Convention Mr. J. Uzor was elected President.
5. That certain individuals formed themselves into an un-constitutional body known as the Revolutionary Reform Committee and purported to hold what was styled as a representative meeting of affiliates of the Nigerian Workers Council on the 15th December, 1969 and purported to pass certain unconstitutional resolutions.
6. That there is no power under the Constitution of the Nigerian Workers Council for the formation of any group or body under the name of Revolutionary Reform Committee.
7. That Mr. J. Uzor wrote a letter dated 16th December, 1969 to Messrs. N. Chukwura and J. O. Enigbokan purporting to suspend the said gentlemen from their offices as Secretary and Treasurer respectively of the Nigerian Workers Council.
8. That by letter dated 16th December, 1969 signed by J. Uzor as Chairman of the Revolutionary Reform Committee and J. U. Akpan as Secretary of the same committee, all officers of the Nigerian Workers Council were declared suspended contrary to the Constitution of the Nigerian Workers Council.
9. That pursuant to paragraphs 7 and 8 above the defendants drove the plaintiffs from the Nigerian Workers Council Secretariat at 7, Montgomery Road, Yaba broke the lockers belonging to the Secretary and Treasurer of the Nigerian Workers Council planted thugs and hooligans in the office to prevent the Plaintiffs from carrying out their lawful duties.
10. That pursuant to paragraphs 8 and 9 above, Mr. J. U. Akpan in the company of a number of hooligans came to the house of the Secretary Mr. N. Chukwura and seized the Secretary’s Official Car No. LK. 6042-A Volkswagen 1500 Car and have since prevented the said Secretary N. Chukwura from using the said vehicle.
11. That on the 24th and 25th January, 1970 without notifying the Plaintiffs’ representatives who are the Lawful Secretary and Treasurer respectively of the Nigerian Workers Council, the Defendants purported to hold an emergency Convention and elected themselves unlawfully into offices of President-Mr. Uzor and Secretary-Mr. Akpan and the other defendants as Committee Members of the Nigerian Workers Council contrary to the Constitution of the Nigerian Workers Council.
12. That by the provisions of the Constitution of the Nigerian Workers Council an emergency Convention can be called either:-

(1) By the Central Working Committee or

(2) At the request of at least one third of the affiliated Unions of the Nigerian Workers Council.

(3) The request for such an emergency convention must be channelled through the Central Working Committee.

(4) The Central Working Committee must be summoned by the Secretary acting on the advice of the President.

13. That none of the steps made obligatory by the constitution as itemised in paragraph 12 above was complied with.
14. That at the said unlawful emergency Convention held on the 24th and 25th January, 1970 the defendants and others were elected as President and Secretary and officers of the Nigerian Workers Council and have held themselves out as such officers of the Nigerian Workers Council contrary to the Constitution of the Nigerian Workers Council.
15. That by Constitution of the Nigerian Workers Council it is only the Bi-annual Convention that can amend the constitution and there is no provision for the suspension of the Constitution of the Nigerian Workers Council except under the powers of amendment of the Biannual Convention.
16. That by reason of the defendants said action the plaintiffs and their representatives had been unable to carry out their duties and have suffered loss and damage.
17. That the defendants have published false information about the plaintiffs representatives as follows:-

(1) A letter was written to the Rent Control Tribunal under the Solicitor General and Permanent Secretary, Ministry of Justice Lagos State that Mr. Chukwura should be removed from that Tribunal because he was no longer with the organisation of the Nigerian Workers Council.

(2) A letter was written to the I.C.I. Management to the general effect that Mr. J. O. Enigbokan was no longer an officer of the Nigerian Workers Council.

(3) False publications were made in the newspapers that Messrs Chukwura and Enigbokan were no longer officers of the Nigerian Workers Council.

18. That the plaintiffs therefore seek the remedies as stated on the Writ of Summons.
19. That the plaintiffs have made repeated demands for these remedies but the defendants have refused and neglected to comply.”

Then, without delivering any defence, the appellants applied by motion dated 29th January, 1971, to the court for an order in the terms to the following effect:-