THE National Union of Food, Beverage and Tobacco Employees (NUFBTE) has denied conducting an emergency delegates conference and expelling its members following the crisis which is now subject of litigation pending at the National Industrial Court, Lagos Division presided over by His Lordship, Honourable Justice (Dr) E. A. Orji, sitting in court 8.
The denial was made at the resumed sitting of the court on Tuesday, November 3, 2020 by the defence counsel, Ifeanyi Okechukwu (Esq), while making a case against hearing of the main Originating Summons filed by the Claimants dated 25th June 2020 against the union’s National President and other principal national officers.
Okechukwu (Esq) made his application on the ground that the defendants have filed appeal against the court’s interim order stopping the union’s emergency delegates conference which the court had first granted on 13th August, 2020 and reaffirmed on 20th August, a day before the purported conference was to hold (Friday, 21st August, 2020)
Okechukwu, who sought to file a motion asking for leave of the court to go on appeal on the matter, was however countered by counsel to the claimants, Olakunle Afolabi (Esq), on the ground that the Food Union and its officials were already in contempt of the court.
Afolabi argued that as contemnors, the defence lacked the legal right to be listened to by the court until they comply with the order of the court, more so against the backdrop of the fact that their appeal is not on a matter of breach of fundamental human rights and as such the defendants ought to seek leave before filing appeal against the interlocutory decision of the court.
Afolabi further argued that the claimants, as lawful citizens, had run to the court for protection because they were helpless. He maintained that the court cannot also be helpless in shielding the plaintiffs from the arbitrariness of the defendants.
Afolabi told the court that apart from disobeying the order of interlocutory stopping the emergency conference, the defence thereafter issued letters of suspension to the claimants and later purportedly expelled them from the union all of which are in contempt of the court’s order.
At this point, Justice (Dr) Orji asked the defence if what the counsel to the claimants said was true. The defence counsel however denied stating that he was not aware that the emergency conference held or that claimant litigants were expelled. He said he was just hearing it for the first time.
Pursuing the matter, the Judge pointedly asked the plaintiffs if they have evidence of the claim being made and they answered in the affirmative, with some of them tendering their letters of expulsion.
Justice (Dr) Orji subsequently denied the defence the oral application for stay of proceeding and further ruled that the appeal was not based on a matter of trampling on fundamental human rights and therefore requires leave before appealing.
Justice (Dr) Orji adjourned sitting to 3rd December, 2020 for hearing of the main Originating Summons.
Ministry Responds to Claims in Originating Summon
Meanwhile, the Registrar of Trade Unions in the Ministry of Labour and Employment, which is the 19th defendant in the matter before the court, has filed a counter affidavit in opposition to the claimants originating summons.
The counter affidavit which was deposed to at the registry of the National Industrial Court, Abuja by Ibrahim Umar, an officer in the Legal Unit of the Ministry of Labour and Employment on behalf of the Registrar of Trade Unions averred that the suit in its entirety “is premature in that the mandatory processes in Part 1 of the Trade Disputes Act have not been exhausted by the Claimants before the invocation of the judicial powers of the National Industrial Court.”
The Registrar of Trade Unions while acknowledging that the current National President and other elected officers are on their third term tenure [sic] in the office [sic] which will end by December 2020, also averred that “the third term is an arrangement/agreement and resolution between the members of the union and the union’s constitution has no duration of tenure.”
The Registrar of Trade Unions further stated in the affidavit: “In line with the union’s constitution, Rule 6 (iii) the election of National Officers or the National Delegates Conference is held every four years in the month of November, a fact which has not been altered by amendment.
“The current National President and the other elected officers are on their third term tenure [sic] in the office which will end by December 2020 which is an arrangement/agreement and a Resolution between the members of the union since the Union’s Constitution has no duration of tenure. Moreover, this issue was not contested by the Claimants at the NEC meeting.
“In line with the provisions of the union’s constitution Rule 6 (iv) the National Executive Council (NEC) of the union as the second highest decision-making organ of the union has the right to summon a Special National Delegates Conference. However, the decision of the National/Special Delegates Conference (NDC) supersedes that of the National Executive Council (NEC). Therefore, any decision reached by the NEC can be reversed at the NDC. In other words, the decision of NEC shall not be effective, if it is reversed by the NDC.
“The Special Delegates Conference/National Delegates Conference is the highest decision-making organ of the union, therefore, the decision of extending and/or elongating the tenure or term of office of elected officers of the union has to be approved by NDC before it will take effect.
“The actions, steps, decisions and/or term of elected officers of the union has to be approved by NDC before it will take effect.
“The action, steps, decisions and/or Resolutions passed by the National Executive Council (NEC) are in line with the duties of NEC as contained in Rule 6(iii) of the union’s constitution.
“The records available in the office of the Registrar of Trade Union shows [sic] that the constitution amendment of the union was properly down [sic] in compliance with the constitutional procedure for amendment of the union’s constitution…
“In line with the union’s constitution, the NEC can summon a special Delegates Conference to make any resolution as they deem fit.”
