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IN THE NATIONAL INDUSTRIAL COURT HOLDEN AT LAGOS Before Their Lordships: Hon. Justice B. A. Adejumo President Prof. B. B. Kanyip Judge Mrs. V. N. Okobi Judge Date: 4th July, 2006 Suit No. NIC/5/2005 BETWEEN 1. Jawa International Limited 2. Deacon J.O. Oladayo 3. Mr. James Omoile - Applicants (For themsevels and on behalf of the Junior Staff of Jawa International Limited) And 1. National Union of Chemical, Footwear Rubber, Leather and Non-Metallic Products Employees. 2. Nigeria Labour Congress - Respondents Representation of Parties Isaac Boro appeared for the Applicants M. Adegboye with G. Ezimoha and O. Akinloye appeared for the 1st Respondent The 1st Respondent was represented by Mr. Isaac A. O. Aligamhi. The second Respondent was not represented. This is a matter brought by way of Originating Summons pursuant to the Labour Amendment Act, 2005, Section 40 of the 1999 Constitution and under the inherent jurisdiction of the Court for the following reliefs: 1. A declaration that by virtue of section 40 of the 1999 Constitution of the Federal Republic of Nigeria the Plaintiff and its junior staff members are at liberty to join any association of their choice and by implication the Plaintiff and its junior staff members cannot be compelled to join the Defendants trade union or any trade union whatsoever by coercion, 2. A declaration that any act or thing done or purported to have been done by the en d ants with a view 0f compelling the Plaintiff and its junior staff workers to join the Defendants' trade union is void and of no effect whatsoever same having been done in flagrant violation of' the provisions of the 1999 Constitution. 3. A declaration that the provisions of any existing law or decree that empowers the Defendants' trade unions to compel the Plaintiff and its junior staff to join the Defendants' trade union are void and of 110 effect whatsoever to the extent that such provisions are inconsistent with the provisions of the 1999 Constitution. 4. A perpetual injunction restraining the Defendants either by themselves their servants, agents, employees or privies in howsoever or whatsoever manner from harassing intimidating or embarrassing or further harassing, embarrassing or intimidating the Plaintiffs with a view of compelling them to join the Defendant’s union for that matter. The Originating Summons was supported by a 14-paragraphed Affidavit sworn to by one James Omoile 2(two) Exhibit marked exhibits A and B. A notice of preliminary objection brought pursuant to the provision of Section 46 and Section 251 of the Constitution of the Federal Republic of Nigeria ]999; Part C, Companies and Allied Matters Act, Laws of Federation of Nigeria 1990 and the inherent jurisdiction of the Court was filed by the 1st Respondent. Issues raised in the preliminary objection are reproduced hereunder: 1. The Originating Summons as presently constituted is manifestly incompetent as the subject matter of same is clearly outside the jurisdiction of this Honourable Court. 2. The present action does not disclose a probable and sufficient cause of action as between the Plaintiff/Respondents and the 1st Defendant! Applicant has to confer jurisdiction on this Honourable Court to entertain same. 3. The reliefs canvassed by the Plaintiff/Respondents under the Labour Amendment Act of 2005 relates to an amorphous wrong said to have occurred in 200]. 4. The Plaintiff/Respondents' action constitutes flagrant abuse of the process of this Honourable Court as the reliefs claimed offend the age long mode associated with processes commenced via Originating Summons. 5. The reliefs claimed have not been brought before the appropriate Court and consequently this Honuorable Court lacks the requisite jurisdiction to entertain same. RULING When the matter carne up on 41h July, 2006, only the 1st Respondent was represented in Court. No. reason was given for the absence of the Applicant and their Counsel. The Court also noted that for quite some time, neither the Counsel for the Applicant nor the Applicant has shown up in Court. In consequence, the case should be struck out and it: is hereby struck out. Hon. Justice B. A. Adejumo President Prof. B. B. Kanyip Mrs. V. N. Okobi Judge Judge