Mr. Tunde Folarin & Anor V. Comrade Sam A. Idowu & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the Lagos Division of the National Industrial Court delivered by T. Agbadu Fishim on the 24th May 2012 in suit No.NICN/LA /129/2011 wherein the defendants motion on notice for striking out the substantive suit was dismissed.

The claimants (now Respondents) had filed a suit on 12-10-12 against the defendants, (now appellants) at the National Industrial Court (hereinafter referred to as the Lower Court) claiming the following reliefs

(1) A declaration that collection of check-off dues from the Salary Of Secondary School Teachers in Ogun State by the 3rd and 4th defendants’ Association which is not a registered Trade Union through the 1st defendant is illegal and unlawful.

(2) An order compelling the 1st defendant to henceforth deduct the check-off duties from the salaries of Secondary School Teachers in Ogun State and pay same to the 3rd claimant as provided for in ,Section 5(g) of the Labour Act Cap LI Vol.8 Laws of the Federation of Nigeria 2004.

(3) An order compelling the 3rd and 4th Respondents to calculate and refund the amount collected as check-off dues from salaries of secondary school Teachers in Ogun State from September 2010 until judgment is delivered in this suit to the 3rd Claimant.

(4) An order of perpetual injunction restraining the 3rd and 4th defendants themselves, privies or their association from parading themselves as a Registered Trade Union.

(5) An order of perpetual injunction restraining the 1st Respondent from further remitting the check-off dues deducted from salaries of secondary school Teachers in Ogun State to 3rd and 4th defendants or their association.

Also filed along with the suit is the statement of facts and documents to be relied on, a list of witness and a motion on notice for interlocutory injunction.

The 3rd and 4th defendants reacted by filing a motion on notice dated 5-12-2011 but filed on 8-2011 wherein they prayed the court for the following orders:-

(1) AN ORDER striking out the entire suit of the plaintiff as same is an abuse of the process of this Honourable court.

(2) AN ORDER dismissing this suit on the grounds that the Plaintiffs lacks locus standi to institute this action.

(3) AN ORDER striking out the names of the 1st, and 2nd, Defendants/Respondents on the ground that the action against them is statute barred.

(4) AN ORDER striking out the entire suit against 3rd and 4th Defendants/Applicants on the ground that the action against them is an abuse of court process as similar suit in respect of the subject matter against 3rd and 4th Defendants’ Union/Association is pending at the Federal High Court Abuja Division and court of Appeal Abuja Division respectively which suit was filed by the chambers representing the Plaintiffs before this court.