Nigerian Nurses Association & Anor. V. A-G Federation & Ors. (1981)

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Parties

1. NIGERIAN NURSES ASSOCIATION
   2. S. S. OKEZIE – Appellant(s)

AND

1. ATTORNEY-GENERAL OF THE FEDERATION
   2. FEDERAL COMMISSIONER FOR LABOUR
   3. ADMINISTRATOR OF TRADE UNION AFFAIRS – Respondent(s)

N. ANIAGOLU, J.S.C. 

The appellants, in this appeal which was brought against the judgment of the Federal Court of Appeal, were the plaintiffs in the two suits (KDH/131/77 and KDH/37/78) which they took out in the Kaduna High Court on 30th November 1977 and 6th January 1978 respectively.

The two suits were consolidated and heard by Kola Aroyewun, J., who entered judgment for the appellants on 12th October, 1978. I have underlined these dates as they are important and have to be borne in mind in appreciating the issue to which I shall soon draw attention and which calls for a determination in this appeal.The Federal Court of Appeal (Kazeem, Wali and Maidama, JJCA.,) who heard the appeal of the respondents against the said judgment of the Kaduna High Court, set aside the judgment and dismissed the appellants’ case.

An understanding of only a small portion of the facts adduced in evidence is here necessary for resolving the legal issue raised by this appeal – an issue which falls within the narrow compass of the legal effect on the status of the plaintiffs and the suits they instituted, by a legislation, obviously retrospective, the constitutional validity of which however, was not questioned by the parties in the appeal.

In December 1975 the then Federal Military Government of Nigeria, intent on bringing together, either by amalgamation or federation, many trade unions (which had mushroomed into a number unacceptable to Government, whose concept of proper trade union many of them did not conform with) on 15th August 1977 approved of 70 industrial unions, listed and published in the Extraordinary Federal Republic of Nigeria Official Gazette No.6 Vol. 65 of 8th February 1978 as Government Notice No. 92, tendered in the proceedings as Exhibit 8. It was clear from this Notice that in reducing the industrial unions to 70, the Government had decided to cancel the certificates of registration of most of the unions.

The said No. 92 of 8th February 1978 was headed:”Restructuring Of Trade Unions” and its first paragraph reads:”The Federal Military Government has approved, consequent upon the report of the Administrator of Trade Union Affairs and the recommendations of the Commissioner for Labour, the restructuring into 71 (sic) industrial unions of the existing registered trade unions of senior and junior staff, professional personnel, self-employed persons, independent contractors and employers which are over 800. Consequently a number of trade unions will have their certificates of registration cancelled. It is in the interest of self-employed persons, contractors and employers, etc. whose unions will be cancelled to re-group as Co-operative Unions to further the interest of their members as their various unions do not conform with the present concept of a trade union.”

No. 12 on the list had the name:

“NATIONAL ASSOCIATION OF NIGERIA NURSES AND MIDWIVES”

and the trade unions coming under this umbrella were therein stated to be:”All nurses and midwives, of all grades and by whatever name called, qualified to register and practise in Nigeria

Nigerian Nurses Association

Nigerian Association of Nurse Anaesthetists.”

Be it noted that the name of the first appellant was specifically mentioned as coming under this “National Association of Nigeria Nurses and Midwives”.