IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU
BEFORE HIS LORDSHIP, HON. JUSTICE I. G. NWENEKA
Date: 15th December 2017 Suit No. NICN/EN/19/2016
Between
Comrade Ijomanta Ahamefula Claimant/Applicicant
AND
- Nigeria Union of Local Government Employees Ebonyi State Branch
- Comrade Leo I. Nkah
(Sued As Ebonyi State Branch President of Nulge)
- Comrade Chuks M. Nwankwo
(Sued As Ebonyi State Branch Secretary of Nulge Defendants/ Respondents
The 2nd And 3rd Defendants are sued for them-
selves and as Representing other Members of
Ebonyi State Branch Executive Council of Nulge)
REPRESENTATION:
- A. Okporie Esq. for the Claimant/Respondent
Chief Kingsley Egwu Eluu Esq. for the Defendants/Applicants
RULING/JUDGMENT
- On 11th May 2016, the Claimant took out a General Form of Complaint against the Defendants seeking the following reliefs:
- A declaration that by the community reading of the extant provisions of Rule 13[iii], Rule 13[vi][a], Rule 29 Para 4[i][b], Rule 29 Para 4[ii], Rule 29 Para 13; and the entire spirit and letters of the Reviewed Constitution of Nigeria Union of Local Government Employees NULGE, 2005, all officers of the Local Branch Executive Committee of NULGE, including but not limited to the local branch Chairman of NULGE must be elected by honest and democratically conducted elections and not by appointment.
- A declaration that by the community reading of the extant provisions of Rule 13[iii], Rule 13[vi][a], Rule 29 Para 4[i][b], Rule 29 Para 4[ii], Rule 29 Para 13; and the entire spirit and letters of the Reviewed Constitution of Nigeria Union of Local Government Employees NULGE, 2005 the 1st to 3rd Defendants have no powers whatsoever to appoint or inaugurate the 4th Defendant or anybody else as the local branch Chairman of NULGE of Afikpo North Local Government Council or in any other capacity except through an honest and democratically conducted election.
- A declaration that the purported appointment or inauguration of the 4th Defendant as the Afikpo North Local Government Branch Local Chairman of NULGE by the 2nd and 3rd Defendants purportedly acting for the 1st Defendant without through an honest and democratically conducted election is void abinitio same having been done in total violation of the extant provisions of the Reviewed Constitution of Nigeria Union of Local Government Employees NULGE, 2005.
- A declaration that the wrongful act of the 2nd and 3rd Defendants purportedly acting for the 1st Defendant in purporting to appoint or inaugurate the 4th Defendant as the Afikpo North Local Government Branch local Chairman of NULGE, without considering the interest of the Claimant who have [sic] indicated interest to contest the same post, is highly discriminatory and as such a gross violation of the Claimant’s fundamental right to freedom from discrimination as guaranteed by the provisions of section 42 of the 1999 Constitution of the Federal Republic of Nigeria [as amended] and Articles 2, 12, and 19 of African Charter on Human and People’s Rights.
- An order of this Honourable Court cancelling or setting aside the purported appointment or inauguration of the 4th Defendant as Afikpo North Local Government Branch NULGE Local Chairman by the 2nd and 3rd Defendants same being in total violation of Rule 13 [iii], Rule 29 para 4 [i][b], Rule 29 Para 4[ii], Rule 29 Para 13 and the entire letters and spirit of the Reviewed Constitution of Nigerian Union of Local Government Employees NULGE, 2005.
- An order of this Honourable Court compelling the Defendants, to forthwith, organize an honest and democratically conducted election for the post of the Afikpo North Local Government Branch NULGE Local Chairman, or reschedule the aborted Afikpo North Local Government Branch NULGE Chairmanship election or to direct the appropriate body of the Union to so do.
