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NIGERIA UNION OFJOURNALISTS AND 1. OLUFUNKE FADUGBA 2. DELE ODEBIYI (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT B.N. OBUA, ESQ. - MEMBER E.O. OLOWU, ESQ. - MEMBER SUIT NO: NIC/3/96 DATE OF RULING - 8TH NOVEMBER, 1996 LABOUR LAW Trade dispute - Commencement of at the National Industrial Court – Conditions precedent thereto - Need for a party to exhaust mechanisms before approaching the court - Failure of- Effect. LABOUR LAW Trade dispute - Meaning of. LABOUR LAW Trade union - Check-off dues of a trade union -Account of - Action therefor – Whether a trade dispute. LABOUR LAW Trade union - Check-off dues - Account of-Whether a term of employment of a worker -Basis for becoming a term of employment of a worker. TRADE DISPUTE Trade dispute - Commencement of at the National Industrial Court – Conditions precedent thereto - Need for a party to exhaust mechanisms before approaching the court - Failure of- Effect. TRADE UNION LAW Check-off dues - Account of - Whether a term of employment of a worker - Basis for becoming a term of employment of a worker. TRADE UNION LAW Trade union - Check-off dues of a trade union -Action for account of - Whether a trade dispute. ISSUES 1. Whether the matter raised by the Plaintiffs originating summons is an intra-union dispute involving a trade dispute. 2. Whether the National Industrial Court has jurisdiction to entertain the matter. FACTS: By an originating summons dated 13th February, 1996, the Plaintiff, Nigeria Union of Journalists, sought that the Defendants should submit certain accounts in respect of the fund of the Plaintiff as stated in the originating summons. The Defendants, in their response, filed a preliminary objection to the Plaintiffs originating summons, to the effect that the National Industrial Court should dismiss the suit wholly and entirely because it lacked jurisdiction to entertain the suit. The court then took arguments of counsel for both sides on the preliminary objection. HELD: (Upholding the preliminary objection and striking out the suit). 1. On Need for a party loan action to exhaust all internal mechanisms before going to the National Industrial Court- A matter ought to go through the obligatory sections 1-6 of the Trade Disputes Act, before it can come to the appellate jurisdiction of the National Industrial Court. In the instant case, the court declined jurisdiction to entertain the Applicants originating summons for non-compliance with the conditions precedent to commencement of a trade dispute. 2. On whether an action for account of check-off dues of a trade union is a trade dispute An action calling for an account by union officials is an intra-union dispute involving a trade dispute. 3 On Meaning Of “trade dispute”- By section 47 of the Trade Disputes Act, a trade dispute means any dispute between employers and workers, or between workers and workers, which is connected with the employment or non-employment, or the terms of employment and physical conditions of work of any person. 4. On Basis of check-off dues becoming a term of employment of a worker- Check-off dues is a term of employment of a worker under the provisions of section 5(3) (a) and (b) of the Labour Act, Cap. 198 Laws of the Federation of Nigeria, 1990, which require employer to make deductions from wages of workers and pay same to the relevant union. 5. On Whether an account of check-off dues is a term of employment - An account of the check-off dues, which is the revenue of a trade union, is a term of employment, and any dispute on an account of the check-off dues of a union is a trade dispute between workers and workers, which is connected with the terms of employment of a worker.