LawCare Nigeria

Nigeria Legal Information & Law Reports

National Industrial Court

Samuel Ejiogu & 4 ORS -VS- Ijoma Onyenaucheya & 4 ORS

admin 0

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE OWERRI JUDICIAL DIVISION

HOLDEN AT OWERRI

BEFORE HIS LORDSHIP: HON. JUSTICE I. S GALADIMA

 

DATE: 13TH FEBRUARY 2019                                        SUIT NO.NICN/OW/50/2017

 

BETWEEN:

  1. SAMUEL EJIOGU                                                
  2. JOHN CHIJIOKE
  3. CELESTINE NNABUGWU
  4. KINGSLEY EKPM
  5. NKEMDIRIM NWOGU                                                    CLAIMANTS

(For themselves and on behalf of members

of Nigeria Union of Local Government

Employees (NULGE) Abia State.)

EXCLUDING THE DEFENDANTS

AND FORMER MEMBERS OF THE

STATE EXECUTIVE COUNCIL

NULGE. ABIA STATE

AND

  1. IJEOMA ONYENAUCHEYA
  2. IKECHI NWAIGWE
  3. OKECHUKWU IWUJUO                                     DEFENDANTS

(For themselves and as representing the

 former members of the State Executive

Council NULGE, Abia State.)

  1. MINISTRY OF LOCAL GOVERNMENT

&CHIEFTAINCY AFFAIR, ABIA STATE

  1. THE ATTORNEY GENERAL & COMMISSIONER

OF JUSTICE, ABIA STATE

 

REPRESENTATION:

  1. O.O NKUME  ESQ., U.C NNEJI FOR THE CLAIMANTS.
  2. BOB C. OGU ESQ. FOR THE 1ST – 3RD DEFENDANTS
  3. J.E OKODOGBE ESQ. FOR THE 4TH DEFENDANT

 

 

CONSENT JUDGMENT

INTRODUCTION

This suit was commenced by way of Originating Summonsdated the 23rdday of August 2017 and filed on the same date.Accompanyingthe Originating Summonsis a 19 paragraph affidavit and one exhibit. It was also accompanied with a written address in support. The Claimant sought these following reliefs against the Defendants jointly and or severally:-

  1. A declarationthat the Defendants who were elected on the 3rd day of July, 2013 on a Four (4) year tenure are not entitled to remain in office after the expiration of their  tenure on 2nd day of July, 2017 by virtue of Provisions rule 13 (vi) of the Reviewed Constitution of the Nigeria Union of Local Government Employees (NULGE)2005.

  1. A declaration that the refusal of the Defendants to vacate their offices as State ExecutiveOfficers of the Nigeria Union of Local Government Employees (NULGE) Abia State after the expiration of their Four (4) year tenure, constitute a serious violation of Rule 12 (vi) of the Reviewed constitution of Nigeria Union of Local Government Employees (NULGE).

  1. A declaration that, the Defendants’ unilateral and arbitrary extension of their tenure contrary to the reviewed constitution of the Nigeria Union of Local Government Employees (NULGE)  is ultra vires, invalid, null and void.

  1. A declaration that the Defendants ceaseto validly hold office as State Executive Officers of the Nigeria Union of Local Government Employees (NULGE) Abia State Chapter upon the expiration of their constitutionally prescribed four(4) years tenure, which expired on the 2nd day of July, 2017 and all acts of the Defendants thereafter remain invalid.

  1. A declaration that the Defendants’ State Executive Council of Nigeria Union of Local Government Employees (NULGE) Abia State, stands dissolved forthwith upon its expiration in accordance with the constitution of the Nigeria Union of Local Government Employees (NULGE), Abia State.

  1. An order of the Honourable Court directing the National Executive Committee (NRC) of the Nigeria Union of Local Government Employees (NULGE) to appoint further a seven (7) member caretaker Committee to administer Nigeria Union of Local Government Employees (NULGE) Abia State, Chapter for not more than 3 months and conduct elections of the State Executive Council within 3 months of being put in place in accordance with the provisions under Rule 6(iii) of the Reviewed  Nigeria Union of Local Government Employees (NULGE)Constitution.
  2. An order of court directing the Defendants to hand over forthwith to the seven (7) member caretaker committee upon being put in place by National Executive Committee (NEC) in accordance with the Order of this court.

  1. An order of perpetual injunction restraining the Defendants from parading themselves as members of the State Executive Council of Nigeria Union of Local Government Employees (NULGE) Abia State Chapter and from acting, exercising, or performing the functions of StateExecutive Committee. (S.E.C).

  1. An order of court restraining the Defendants from collecting the check off dues of the members of the Nigeria Union of Local Government Employees (NULGE) Abia State or tampering with or disbursing forthwith and to account any funds of the Union, refund any check off dues collected or disbursed by the Defendants after the expiration of their tenure on the 2nd day of July, 2017.

  1. A declarationthat the continuous stay in office or extension of tenure of the Abia State Executive Council of Nigeria Union of Local Government Employees (NULGE) Abia State Chapter after the expiration of its stipulated four (4) years tenure in office is contrary to Rule 10 (xi) mandating the S.E.C to administer the union at the State level in accordance with the provisions of the union’s constitution.

On the 12th day of February 2019,  parties to the suit finally settled amicably and filed their terms of settlement. These terms of settlement were executed and signed by the 1st – 5thClaimants and the 1st – 3rdDefendants in their representative capacitiesrespectively. U.C. Nneji of Counsel to the Claimants andBob C. Ogu for the 1st to 3rdDefendants, adopted the terms and urged thisCourt to enter same as a consent judgment based on the reproduced terms of settlement below.

TERMS OF SETTLEMENT:

The Claimants and Defendants have freely resolved to settle this matter out of court upon the following terms:-

  1. That both parties shall continue to function as members of the Nigeria Union of Local Government Employees (NULGE), Abia State.
  2. That the Defendants shall offset the legal fees and out of pocket expenses of the Claimants in the prosecution of this case.
  3. That neither of the parties to this suit shall suffer any disability in the running of the affairs of the union (NULGE) by reason of this suit.
  4. That this suit abates forthwith.
  5. That these terms of settlement be made the consent judgment of the court

CONSENT JUDGMENT:

In consideration of the above terms of settlement jointly signed by the parties with the consent of their Counsel, I am satisfied the requirements of Order 42 Rules4 and 9ofNICN Rules have been fully fulfilled. Theseterms of settlement duly executed by parties and filed on the 12/2/2019 and adopted in Court today by their respective Counsel are hereby entered as the consent judgment of this Honorable Court with respect to the cause.

Delivered in Owerri, this 12th day of February, 2019.

………………………………………….

 JUSTICE I.S. GALADIMA,

Presiding Judge 

admin

Website:

Related Story