The Reg. Trust. Of National Ass. Of Community Health Practitioner Of Nigeria & Ors. V. Medical And Health Workers Union Of Nigeria & Ors (2008)

LAWGLOBAL HUB Lead Judgment Report

M. MUKHTAR, J.S.C

In the Federal High Court holden in Ilorin, the 1st appellant sought the following reliefs in an application for judicial review:-

“(i) An Order of Certiorari to remove into this Honourable court for purpose of being quashed the decision of the respondents contained in a letter dated 19th February, 2003 ref. No. ML.JB/147/1176 refusing the registration of the applicants a Senior Staff Trade Union.

(ii) Order of Mandamus compelling the respondents to register the applicant as a Senior Staff Trade Union under the Trade Union Act Cap. 437 as amended.

(iii) Declaration that it is unconstitutional, illegal, unlawful and against the provisions of convention 87 and 89 of the International Labour Organisation for the respondents to refuse to register the applicant as a Senior Staff Trade Union.

(iv) Declaration that it is ultravires the powers of the respondents to refuse, or neglect to register the applicant as a Senior Staff Trade Union without following the provisions of the Trade Union Act Cap 437 as amended or in total violation of the provisions of that Act.

(v) Order directing the respondents to forthwith register the applicant as a Senior Staff Trade Union.”

The grounds relied upon by the applicants for the reliefs sought are as follows:-

“(a) The decision of the respondents to refuse to register the applicant as a Senior Staff Trade Union was in clear breach of the provisions of the Constitution of the Federal Republic of Nigeria 1999, the provisions of the Trade Union Act, convention 87 and 89 of the International Labour Organisation and against the rules of natural justice.

(b) The respondents in coming to a decision refusing registration took irrelevant facts and material into consideration in coming to their conclusion on the matter.

(c) The rights of the members of the applicant to freely associate as guaranteed under the Constitution has been violently breached by the respondents.”

A verifying affidavit of the above facts had the following salient paragraphs: –

“5. That I know as a fact that in February, 1997 our Association was registered with the Corporate Affairs Commission as incorporated Trustees under part C. The copy of the certificate of registration dated 18th February, 1997 is attached as exhibit NAC 1.

6. That I know as a fact that the interest of our members is not being safeguarded or represented by any of the existing Trade Unions.
7. That I know as a fact that due to the fact in paragraph 6 supra the members of our Association resolved that we should register our Association as a Senior Staff Trade Union to effectively take care of our collective and individual interests all over Nigeria and in furtherance of our Constitutional right of free association.
8. That I know as a fact that in furtherance of the above, our Association vide its letter of 28th March, 2002 applied to the 1st respondent for registration as a Senior Staff Professional Association. A copy of the letter is attached and marked as exhibit NAC 2.
9. That I know as a fact that the 1st respondent in his letter of 24th April, 2002 directed our Association to the 2nd respondent. A copy of the letter is attached as exhibit NAC 3.
10. That I know as a fact that in compliance with exhibit NAC 3 our Association met with the 2nd respondent and the applicant met all the statutory requirements set out in the Trade Union Act to get itself registered as a trade union.
11. That I know as a fact that the 1st respondent responded to exhibit NAC 4 in his letter of 19th February, 2003 in which he stated that the applicant cannot be registered. A copy of the letter is attached as exhibit NAC. 5.
12. That our leading counsel Yusuf O. Ali Esq.; SAN told me and I verily believed him that:

(i) The 2nd respondent is the officer that has power under the law to register or refuse to a trade union.