NIGERIAN INVESTIGATION SAFETY COMPANY WORKERS UNION AND NIGERIAN INVESTIGATION AND SAFETY COMPANY LIMITED (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT M.A. BORISADE, ESQ. - MEMBER B.N. OBUA, ESQ - MEMBER SUIT NO: - NIC/5/78 DATE OF RULING - 9TH FEBRUARY, 1989. LABOUR LAW - Trade union - New union created under law which takes care of old union - Right of to substitute for old union. LABOUR LAW - Trade union - Trade union officials -Responsibilities of – Responsibility of to prosecute trade union cases with utmost diligence. TRADE UNION LAW - Trade union - New union created under law which takes care of old union - Right of to substitute for old union. TRADE UNION LAW - Trade union officials - Responsibilities of -Responsibility of to prosecute trade union cases with utmost diligence. ISSUES: Whether the National Union of Hotels and Personal Services Workers ought to be substituted for the Appellant (Nigerian Investigation Safety Company Workers Union) in the circumstances of the case. FACTS There was a trade dispute between the parties which was pending before the National Industrial Court. During the pendency of the case, the Federal Military Government restricted industrial unions. As a result of the restructuring, the Appellant ceased to be a trade union. In order to protect the interests of the workers in the suit, the counsel for the Appellant applied for the substitution of National Union of Hotels and Personal Services Workers for the Nigerian Investigation and Safety Company Limited Workers Union. HELD: (Granting the order of substitution sought by the Appellant): 1. On When new union created by law will be substituted for old union in pending proceedings - Where a new union is created as a result of restructuring to take care of the interest of an old union, the court will grant an order substituting such new union for the old union in pending proceedings. 2. On Responsibility of union officials to prosecute trade union cases with utmost diligence - Trade unions ought to show the utmost diligence in prosecuting their cases before the court. This responsibility rests with union officials. In the instant case, a lot of time taken by the case could have been saved if the officials spent less time in intra union wrangles and sought proper industrial relations and legal advice.