Mr. J. A. Ademoye & Ors. V. Nigeria Maritime Administration And Safety Agency (Nimasa) & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the leading Judgment)

The Appellants commenced an action by way of Originating Summons at the Federal High Court, Lagos “for themselves and on behalf of Tally Clerks and Security Men registered with Dock Labour Board in 1989″Â Â against the Joint Dock Labour Industrial Council. The lower Court was asked to determine –

“WHETHER the Defendant can validly order the Plaintiffs to be registered by the Dock Labour Employment/Contractors in view of provision of the Nigerian Dock Labour Decree No.37 of 1999 especially Section 2, 16 and 34.”

They also prayed the Federal High Court for the following reliefs –

1. A DECLARATION that the Plaintiffs are bona fide registered dock workers under the Management of the Defendants in accordance with the provisions of the Nigerian Dock Labour Decree No.37 of 1999.
2. A DECLARATION that the decision of the Defendant requiring the Plaintiffs to be registered by the Dock Labour Employment/Contractors is illegal, null and void as it violates Section 2 of the Nigerian Dock Labour Decree No.37 of 1999.
3. An INJUNCTION restraining the Defendant, its officials, agents, privies, etc.,from compelling the Plaintiffs to be registered by Dock Labour Employment/Contractors.

The said Dock Labour Industrial Council filed a Memorandum of Appearance, Counter Affidavit to the Originating Summons, and an Application praying for –

1. An Order striking out the suit and/or dismissing this suit against the Defendant as the Plaintiffs have no locus standi to institute the action.

AND/OR ALTERNATIVELY

2. An Order directing that pleadings be filed in this suit by all the parties and evidence be adduced in proof thereof.

The lower Court granted the alternative prayer, and ordered for pleadings, which the parties filed and exchanged. The Appellants prayed for an order of interlocutory injunction that was granted by the lower Court on 23/7/2003.

The Appellants later filed an Application dated 13/2/2004 for the following –

1. An order granting leave to substitute the 1st Defendant/Respondent (Joint Dock Labour Industrial Council) with Joint Maritime Labour Industrial Council”.
2. An Order granting leave to join the Federal Ministry of Transport and Hon. Minister for Transport as Co-Defendants in this suit.
3. An Order granting leave to the Applicants to amend their Writ of Summons and Statement of Claim.

The lower Court granted the Application on 16/2/2004, and the Appellants filed their Amended Writ of Summons and Statement of Claim on 17/2/2004.

They sought the following reliefs in their Amended Statement of Claim –

1. A DECLARATION that (they) are bona fide registered dock workers under the management of the (Respondents) in accordance with the provisions of the Maritime Labour Act of 2003.
2. A DECLARATION that (they) as employees of the (Respondents) in the pool at the Nigerian Port, Apapa, Lagos are entitled to medical services welfare scheme, pension, gratuity and other retirement benefits as enjoyed by their colleagues in the Civil Service of the Federation.
3. AN ORDER – directing the (Respondents) to pay (them) (Dock workers Nigerian Port, Apapa, Lagos) their pension, gratuity and other retirement benefits forthwith.

Trial commenced on 15/11/2004. The 2nd Appellant testified on behalf of the Appellants as PW1 and he also tendered the following documentary evidence –

1. Exhibit A – Letter dated 31/3/92 from Ikenna Nzimiro to Engr. Musa B; Sheriff
2. Exhibit B – Letter dated 30/4/92 from F. O. Williams to Prof. Ikenna Nzimiro
3. Exhibit C – Letter dated 7/4/93 from Prof. Ikenna Nzimiro to Chief Francis Ellah
4. Exhibit D – Letter dated 22/1/93 from G. O. Loma to Prof. Ikenna Nzimiro
5. Exhibit E – Letter dated 31/3/95 from Prof. Ikenna Nzimiro to the Deputy Director, Ministry of Labour, Ports Division, enclosing Memo from the Hon. Minister Uba Ahmed, Federal Ministry of Labour and Productivity, Federal Secretariat Complex, Ikoyi, Lagos.

The Appellants’ case is that while in service the National Ports Authority (NPA) paid their salaries to Stevedoring Contractors, who pay to the dock workers. They were not paid benefits or gratuity, and later discovered in 1992 that their colleagues in the NPA retired with pensions and gratuity, so they employed the services of Prof. Ikenna Nzimiro, a Management Consultant, who was in the Advisory Board of the Babangida’s Administration in Labour matters. He took up their matter, and wrote letters to Ministers of Labour and Productivity then. Exhibit A, dated 31/3/92, is addressed to Alhaji Engr. Musa B. Sheriff; it reads-

“My dear Minister,

I sent an urgent letter to you through a friend in connection with the payment of the pool Men – Tally Clerks and Security men which we discussed during your appearance with your men at PAC Budget Hearing at Dodan Barracks. The issue arose from the question I asked about those workers. As I reported in my memo to PAC –