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IN THE NATIONAL INDUSTRIAL COURT HOLDEN AT ABUJA Before Their Lordships: Hon. Justice B.A. Adejumo - President Prof. B.B. Kanyip - Member Barr. M.B. Dadda - Member Date: 25th April, 2006 Suit No. NIC/8/2003 Between National Headquarters of Nigeria Union of Civil Service Typist, - Applicant Stenographic and Allied Staff And Federal Branch of Nigeria Union of Civil Service Typist, Stenographic - Respondent And Allied Staff Representation of Parties I. Maduabuchi Esq. and Adepoju Ajala Esq. appeared for the Applicant. Enobong Etteh Esq. appeared for the Respondent. H.A. Tahir Esq. appeared for the Head of the Civil Service of the Federation-party sought to be joined. This is a Motion on Notice brought pursuant to Rule 14 of the National Industrial court Rules and Section 35(1) (g) of the Trade Disputes Act CAP 432, Laws of the Federation of Nigeria for: AN ORDER joining the Head of Service of the Federation and the Permanent Secretary, Establishment and Pensions office, to this proceedings. AN ORDER directing the Head of Service of the Federation and the Permanent Secretary, Establishment and Pensions office to withdraw the Federal Government Circular Ref. No. CND.66/5.2/Vol. iv/509 dated 28th January, 2005 pending the determination of the substantive application in this proceeding for an order of court making the IAP Award binding on the Parties, and for such further or other orders as the Court may make in the circumstances. The said motion on notice filed on 10th February, 2005 is supported by a 21-paragraphed affidavit dated 10th February, 2005 and 3 (three) exhibits marked Exhibits A, B and C. A further and better affidavit in support of motion dated 24th November, 2004 with 1 (one) exhibit marked Exhibit D was filed on 22nd February, 2005. Also filed on 22nd February, 2005 and dated 22nd February, 2005 was a further and better affidavit in support of the application for joinder. Attached thereto was an exhibit marked Exhibit B. On 25th July, 2005, another motion on notice dated 22nd July, 2005 was filed by the Chambers of Enobong Etteh and company praying the Court among others for: “AN ORDER joining the parties sought to be joined in this suit, as 22nd Respondent respectively. AN INTERIM ORDER on the Head of Civil Service of the Federation to withdraw Circular No.66/5.2/vol./iv/50 dated 28th January, 2005 and Circular/Directive No. CND/66/5.2/T/177 application in this suit dated 24th November, 2004” and for such further or other orders the Court may deem fit to make in the circumstances of the case. The said motion was supported by a 22 – paragraph affidavit and 5 (five) exhibits marked Exhibits A, B, C, D, and E. A notice of preliminary objection dated 23rd September, 2005 was filed by the Chambers of Nkem Ijioma and Company on 23rd September, 2005 praying the Court for: 1. AN ORDER striking out the motion Appeal No. NIC/8/2003 dated 25th July, 2005 for constituting abuse of court process. 2. AND for such further or other order(s) as the Honourable Court may deem fit to make in the circumstances”. Nkem Ijioma’s notice of preliminary objection was on the ground that “the Court had sometime in February, 2005 struck out similar application filed by the Respondent/Applicant in this matter it joined the Head of the Civil Service of the Federation and Parmanent Secretary, Establishment”. It was supported by an 18 – paragraph affidavit with 2(two) annexures marked Annexures “A and B”. When the matter came up on 28th February, 2006, I. Maduabuchi of Counsel from the Chambers of Femi Falana announced his appearance for the Appellant/Respondent and informed the court that they have just been briefed. The case was consequently adjourned. Moving his application dated 22nd July, 2005 and filed on 25th July, 2005, Enobong Etteh Esq. submitted that the application was brought pursuant to Rules 14 and 15 of the National Industrial Court Rules and Section 35(1) (g) of the Trade Disputes Act CAP 432 Laws of the Federation 1990 and under the inherent jurisdiction of the court. He submitted that he intended to abandon the first prayer of his application having been overtaken by events. He submitted that the National Industrial Court has the powers to join a party to proceedings pending before it either of its own motion or by a party in the proceeding and referred the Court to Rule 14 of the National Industrial Court Rules. He stated further that the application was properly brought before the Court by a party in the proceedings. Submitting further, Enobong Etteh Esq. informed the Court the Exhibits ‘A’ and ‘B’ attached to their motion directly touch and affect the res of the substantive proceedings pending before the court. He stated further that from the content of Exhibits ‘A’ and ‘B’, it is in the interest of justice that the Head of the Civil Service of the Federation is joined as he cannot again be allowed to be a by-stander. Etteh Esq. submitted that the Court is empowered pursuant to Section 35(1) (g) to direct the withdrawal of Exhibits A and B pending the determination of the substantive application for the just determination of this matter. He finally submitted that Exhibits A and B are prejudicial to their interest and urged the Court to grant the application moreso as there was no counter affidavit from any of the parties. In his reply, Adepoju Ajala Esq. opposed the application for joinder. He merely submitted that Exhibits A, B and C issued by the party sought to be joined are purely administrative matters. In his own submission, Tahir Esq. urged the Court to rule on the face of the matter before it as per the motion of the applicant. RULING We have listened to all the submissions of learned Counsel in this application. Having considered the issue in its totality as it affects the motion of the applicant, the Court finds it unnecessary to join the party sought to be joined, that is, the Head of Service of the Federation (H.O.S.F). It is therefore the ruling of the Court that the 1st leg of the application fails. However, there is merit in the application for the withdrawal of exhibits ‘A’ and ‘B’ by the Head of Service of the Federation pending the final determination of this case. Accordingly this leg of the application succeeds. It is thereby ordered that exhibits ‘A’ and ‘B’ attached to the applicant’s motion for joinder be withdrawn by the Head of Service of the Federation pending the final determination of this case. Accordingly this leg of the application succeeds. It is hereby ordered that exhibits ‘A’ and ‘B’ attached to the application’s motion for joinder be withdrawn by the Head of Service of the Federation pending the final determination of the substantive application. These shall be the orders of this Court. ………………………………… Hon. Justice B.A. Adejumo President ………………………….. ……………………….. Prof. B.B. Kanyip Barr. M.B. Dadda Member Member