AGGRIEVED members of the National Union of Food, Beverages and Tobacco Employees (NUFBTE) yesterday, Thursday, November 26, 2020, secured a minor victory over the Comrade Lateef Oyelekan leadership of the union at the Lagos Division of the National Industrial Court (NIC), when presiding judge, the Honourable Justice (Dr) E. A. Orji, ruled that an appeal (or an application for stay) does not automatically constitute stay of proceedings.
Justice Orji, who stated that the court had taken notice of the affidavit filed by the claimants and the press briefing by Comrade Oyelekan that the union had held an emergency conference despite the order of the court as well as the several letters of suspension and expulsion issued to the claimants; held, after citing several judicial authorities, that the court will go ahead to hear the originating summons.
Justice Orji also expressed dismay for the expulsion of the aggrieved members on the ground that they were alleged to have formed a parallel leadership of the union. She said the alleged infringements by the claimants should have at best being brought to the notice of the court and not for the defendants to resort to self-help by taking law into their hands by issuing expulsions as the matter was already before it (court).
Prior to the ruling, both parties had, on the invitation of Justice Orji, addressed the court on whether the court can proceed to hear the main originating summons notwithstanding that the defendants have interlocutory appeals as well as whether the defendants had taken steps which were prejudicial to the case particularly in suspending and expelling the claimants from the union while the suit is pending before the court because of their action to institute the suit.
Mr Jelili Owonikoko, a Senior Advocate of Nigeria (SAN), leading five other counsel for the 1st to 6th, 8th to 11th and 13th to 18th defendants, argued that the court cannot proceed because appeal had been entered in the matter and that proceedings must be stayed (stopped) pending the determination of the appeal.
Mr Owonikoko (SAN) further argued that the court can only adjourn from time to time until the determination of the appeal. He informed the court that the claimants had formed a parallel leadership and that despite the suit before the NIC, they had taken the matter to the Public Petitions Committee of the National Assembly. He said as a result of these actions, many of the claimants were first suspended and later expelled.
However, Mr Olakunle Afolabi (Esq.), counsel to the claimants, Comrade Abiodun Philip and 29 other aggrieved members of the union, in his counter argument, submitted that the jurisdiction of the NIC is sui generis, that is, an appeal cannot be entered without seeking for the court’s ;eave to do so, and that in accordance with section 47 of the National Industrial Court of Nigeria (NICN) Act 2006, an appeal does not automatically constitute stay of proceedings in matters at the NIC.
Olakunle (Esq.) further argued that section 9 of the NICN Act stipulates that proceedings of NIC can be halted be an appeal only when it concerns breach of fundamental rights. Apart from the provisions of the NICN Act, Olakunle stated that by Order 64 of the NIC Rules, appeal does not automatically constitute stay of proceedings.
Submitting further, Olakunle pointed out that the defendants presently do not have either application for leave or stay before the court and that the submission by Owonikoko “is at best an oral application for stay of proceeding which does not accord with the rules of the court.”
According to claimants’ counsel, the appeal being interlocutory can conveniently be taking together by the defendants if at the end the final decision goes against them and they choose to appeal it. He therefore dismissed the court of appeal authorities cited by Owonikoko, stating that they all relate to rules of proceedings of State or Federal High Courts which lack the unique provision of the NICN Act where appeal does not automatically translate to stay of proceedings except on grounds of fundamental rights issues.
Justice Orji adjourned the case to February 3rd 2021 for hearing of the main originating summons.
Confusion on House C’ttee advice on peaceful settlement
Meanwhile, there seems to be some confusion on the consummation of the advice by Hon. Jerry Alagbaoso, Chairman, House of Representatives Committee on Public Petitions for parties in the conflict to come to amicable settlement.
Hon. Alagbaoso, had on Thursday, November 19, 2020, while declining to entertain the petition as it was in court had counselled both parties, particularly Comrade Oyelekan and Mr Jelili Owonikoko (SAN) to take the lead in ensuring that the matter was settled amicably between the parties.
Enquiries by National Record within the week from both sides on whether efforts were on to implement the reconciliation advised by the House Committee Chairman produced conflicting responses.
Comrade Mike Olarenwaju, Acting General Secretary of the union, told National Record that the lawyers of both sides are meeting although he did not provide details. “Well, all I can confirm is that their lawyers are already discussing with our lawyers,” a text response to our enquiries by Comrade Olarenwaju stated.
When contacted, Comrade Bamidele Busari, the purportedly dismissed General Secretary of the union, said there was no such meeting yet. “There is nothing yet; no, nothing yet,” Comrade Busari said.
He added that while the lawyers on both sides met immediately after the committee sitting penultimate Thursday, there might be a lacuna as the lawyer handling the House Committee matter is different from the main lawyer handling the NIC suit.
Further efforts to get clarification from Comrade Abiodun Philip, the Ogun State Council Chairperson of the union, who has purportedly been expelled from the union, drew blank as he did not respond to a text message sent to him as at the time of going to press.
Related stories:
Food Union Crisis: House of Reps Declines Hearing Petition, Counsels Comrade Oyelekan
Food Union Crisis: House of Reps Fixes November 19 to Hear Petition Against Oyelekan
House of Reps Looks Into Food Union Crisis, Refers Matter to Public Petitions C’ttee
Food Union Denies Holding Emergency Delegates Conference, Expulsion of Members
Food Union Dismisses General Secretary, Expels Dozens of Members As Crisis Escalates
Comrade Oyelekan Says There’s No Crisis, No Faction in Food Union
Food Union Ignores Court Injunction, Holds Conference 12 Midnight
Court Halts Food Union’s Emergency Delegates Conference
