THE Abuja Judicial Division of the National Industrial Court (NIC), presided over by His Lordship, the Honourable Justice B. B. Kanyip, last Thursday, October 7, 2021, ridiculed the CAC and its Registrar General for their anti-union activities.
Justice Kanyip, in his 38-page, 131-paragraph judgement, delivered in a case brought before it by the Amalgamated Union of Public Corporations, Civil Service, Technical and Recreational Employees (AUPCTRE) against the Corporate Affairs Commission (CAC), described the actions of the CAC against AUPCTRE as “arbitrary, unwarranted, oppressive and amount to interference and so violates the claimant’s right to freely associate and organize as a trade union.”
Before ordering the defendants to pay to the union “the sum of One Million Naira (N1,000,000.00) only as general damages against the defendants jointly and severally” for interference in the union’s affairs, and the sum of N300,000, being cost of the litigation to the union, Justice Kanyip, who is also the President of the NIC, scoffed at the CAC’s attempt to “…dissolve, regulate, supervise, inquire into, probe and interfere with the existence, running, finances and investment activities” of AUPCTRE.
AUPCTRE had challenged CAC at the industrial court over what it described as anti-workers policies in the commission.
The union had approached the court for redress, accusing the Registrar General of CAC, Alhaji Garba Abubakar, of unilaterally restricting staff vacancies contrary to the recommendations of the committee on the commission’s organogram.
It will be recalled that AUPCTRE had sued the CAC and its Registrar General at the NIC, accusing them of several allegations all of which amounted to interference and asking among other reliefs a declaration of the court that the actions of the defendants are illegal, null and void and of no effect.
What precipitated the union to take the legal action was the barring of AUPCTRE from operating in the CAC on the assumption that the union, being an umbrella trade union body of junior staff, has no right to operate in the CAC where the defendants alleged junior workers do not exist.
According to AUPCTRE, the CAC Registrar General’s action was backed by a January 11, 2021 circular dissolving the union and its leadership in CAC branch, and action which the CAC boss said was based on an NIC judgement between the Senior Staff Association of Statutory Corporations and Government Owned Companies (SSASCGOC) and AUPCTRE.
The union also accused the Registrar General of the CAC of stopping loans, refusal to pay the 2019 promotion arrears to deserving workers and stoppage of salaries of workers without following due process at the peak of Covid-19 pandemic, among other anti-union actions.
In his October 7, 2021 judgement, Justice Kanyip said AUPCTRE’s case “succeeds to the extent indicated in this judgment. Accordingly, I declare and order as follows:
“(a) It is declared that the defendants cannot dissolve, regulate, supervise, inquire into, probe and interfere with the existence, running, finances and investment activities of the claimant union.
“(b) It is declared that Exhibit B, the circular dated 11 January 2021 issued by the defendants was issued in bad faith, and has no binding legal effect on the claimant.
“(c) It is declared that the decisions made or conclusions reached against the claimant in the circular of 11 January 2021 are arbitrary, unwarranted, oppressive and amount to interference and so violates the claimant’s right to freely associate and organize as a trade union.
“(d) Exhibit B, the circular dated 11 January 2020, and Exhibits C, D and E, the three queries also dated 11 January 2021 are hereby declared null and void and are accordingly quashed.
“(e) The defendants, their agents, privies, servants or whomever are hereby restrained from usurping, disrupting, interfering with, or threatening to suspend, interfere in the activities of the claimant contrary to the provisions of the Constitution, and the Conditions of Service of the 1st defendant 2011 and the constitution of the claimant April 2015.
“(f) The defendants shall pay to the claimant the sum of One Million Naira (N1,000,000.00) only as general damages against the defendants jointly and severally.
“(g) Cost is assessed at Three Hundred Thousand Naira (N300,000.00) only payable by the defendants to the claimant.
“(h) The payments ordered in orders (f) and (g) to be paid under this judgment are to be paid within 30 days of this judgment, failing which they shall attract 10% simple interest per annum until fully paid.”
The circular
The circular, as quoted in last week’s judgement, was signed by the Director, Human Resources of CAC, titled: “Full Implementation of the National Industrial Court Judgement Between SSASCGOC and AUPCTRE”, and copied the Registrar General, all directors, Heads of Departments/Units and all heads of Nodal and State offices of CAC, reads:
“In compliance with the National Industrial Court in suit nos. NICN/ABJ/125/2029 and NICN/ABJ/103/2019 dated 17th December, 2019 and 20th May, 2020 between SENIOR STAFF ASSOCIATION OF STATUTORY CORPORATIONS AND GOVERNMENT OWNED COMPANIES (SSASCGOC) AND ALMALGAMATED UNION OF PUBLIC CORPORATIONS CIVIL SERVICE TECHNICAL AND RECREATIONAL SERVICES EMPLOYEE [sic] (AUPCTRE), which ruled that AUPCTRE cannot unionise Senior Staff from the rank of a senior Supervisor and above.
“Staff are therefore to note that:
“(i) AUPCTRE is no longer recognized as a Senior Staff Union in the Commission.
“(ii) Senior Staff are free to join other recognized union for Senior Staff.
“(iii) The current leadership of AUPCTRE in the Commission is hereby declared dissolved.
“(iv) All deductions from staff salaries as union dues to AUPCTRE is hereby stopped.
“(v) Junior Staff are free to organize themselves into AUPCTRE or any recognized union of their choice.
“Please be guided accordingly.”
