Registered Trustees Of Tipping Owners Union V. Nigeria Union Of Mine Workers & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KUMAI BAYANG AKAAHS, J.C.A. (Delivered the Leading Judgment)

The Plaintiff commenced the action by Originating Summons in the High court of cross River state, Calabar Division on 20/11/2006 as suit No. HC/410/2006. on the 7/2/2007. Ita J. of Calabar Division to whom the matter was assigned asked for a transfer of the said suit to Akamkpa Judicial Division and it surfaced before Eneji, J. as Suit No.. HK/7/2007. The plaintiff sought for a determination of the following questions:

“1. Whether the 1st, 2nd and 3rd Defendants are entitled or empowered by any law to impose or collect taxes, levies, dues or any money by whatever name called from the Plaintiff and its members under the following laws:

(i) Trade Union Act Cap T14(Vol.15) Laws of the Federation of Nigeria 2004.

(ii) The Constitution of Federal Republic of Nigeria 1999.

2. Whether the 1st, 2nd and 3rd Defendant are entitled or authorized by any law to force the Plaintiff and its members to belong to the 1st defendant or to prevent the Plaintiff from existing or conducting its affairs under the following laws:

(i) Trade Union Act Cap T14 (Vol. 15) Laws of Federation of Nigeria)

(ii) The Constitution of Federal Republic of Nigeria 1999

(iii) Companies and Allied Matters Act, 1990.”

The Plaintiff then sought for the following declaratory reliefs jointly and severally against the Defendants.

“1. A DECLARATION that 1st, 2nd and 3rd Defendants are not authorized or empowered by any law whatsoever to impose or collect union dues, taxes, levies or any monies by whatever name called from the Plaintiff and members of the Plaintiff or from the proceeds of the haulage trucks belonging to thee Plaintiff and its members, the plaintiff and its members not being members of the 1st defendant.

2. A DECLARATION that the dues or levies imposed on the Plaintiff and its members by the Defendants are arbitrary, unlawful, illegal, null, void and of no effect whatsoever
3. A DECLARATION that the plaintiff has a legal/civil right to exist and does exist as an incorporated body from 1992 for the purpose of its objectives as incorporated under companies and Allied matters Act, 1990.
4. A DECLARATION that members of the plaintiff have the constitutional right to freedom of association and to freely belong to any Association of their choice without molestation by anybody including the defendants.
5. AN ORDER of perpetual injunction restraining the Defendants, their agents, servants, or privies from enforcing the N800.00 (Eight Hundred naira) union dues or levy or any money by whatever name called on the Plaintiff and its members or further harassing the plaintiff and its members and threatening to prevent the plaintiff and its members from conducting their legitimate business.
6. AN ORDER of perpetual injunction restraining the defendants, their agents, servants or privies from arbitrary imposition of dues or levies on the plaintiff and its members and from tampering with the right of freedom of association of members of the Plaintiff.”

On 7/5/2007 the defendants filed a counter-claim and sought the following reliefs from the Plaintiff:

“1. That the asking or collection of union dues and levied from the said members of the Plaintiff of the Plaintiff does not in law and in fact amount to the plaintiff and its members paying union dues or levies or taxes or any sum to the Defendants.

2. That the Plaintiff and its members should stop forthwith from interfering or hindering the 1st Defendant and its officers from asking and/or collecting union levies an dues from the said drivers.

The Defendants also sought for a determination of the following questions:

1. Whether the 1st Defendant is not entitled to ask and collect its agreed levies and dues from the members without recourse to or restriction from the plaintiff though the said members of the 1st Defendant are employees of the members of the plaintiff.
2. Whether the Plaintiff has any legal right, power, duty or authority pursuant to its status to stop the defendants from asking and/or collecting union levies and dues from the members of the 1st Defendant.

The Originating Summons was supported with a 25 paragraph affidavit and annexures marked A, B, C and D which was sworn to by Chief Augustine Ngwudike, the President of Registered Trustees of the Tipping Trailer Owners Union. Comrade Chris White Nwaehie, the 2nd Defendant deposed to a 28 paragraph Counter-Affidavit on behalf of all the Defendants and also annexed Exhibits A and B. The 2nd Defendant also swore a further and better counter-affidavit of 14 paragraphs after which the Plaintiff deposed to a 17 paragraph further further affidavit in reply to which he annexed several Exhibits.