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1. MR. L.I. ENELAMAH 2. MR. OYINLOYE AND 1. MR. B.B.ANOKWURU 2. MR. E.O. NWADIALO 3. MR. F.C. CHUKWURA 4. MR. I.A.A. EIGHIE (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT CHIEF M.A. BORISADE MEMBER B.N. OBUA, ESQ. MEMBER SUIT NO: NIC/10/96 DATE OF RULING 27TH MAY, 1997 LABOUR LAW Trade union - Inter-union or intra-union dispute - Exclusive jurisdiction of National Industrial Court thereon - Whether must relate to a trade dispute before it can be vested with jurisdiction. LABOUR LAW Trade union - Intra-union dispute -Commencement of -Need to first go to the Industrial Arbitration Panel - Right of appeal therefrom to the National Industrial Court. LABOUR LAW Trade dispute - Disputes recognized under the Trade Disputes (Amendment) Decree No.47 of 1992- Categories of. LABOUR LAW Trade union - Inter-union or intra-union dispute - National Industrial Court Jurisdiction of in respect thereof- Nature of. LABOUR LAW Trade union - Intra-union dispute - Right of a union Member to bring in conjunction with others. NATIONAL INDUSTRIAL COURT Jurisdiction of - Inter-union or intra-union dispute - Exclusive jurisdiction of National Industrial Court thereon - Whether must relate to a trade dispute before it can be vested with jurisdiction. TRADE DISPUTE Disputes recognized under the Trade Disputes (Amendment) Decree No.47 of 1992- Categories of. TRADE UNION LAW Inter-union or intra-union dispute Jurisdiction of National Industrial Court thereon - Whether must relate to a trade dispute before it can be vested with jurisdiction. TRADE UNION LAW Inter-union or intra-union dispute -National Industrial Court - Jurisdiction of in respect thereof- Nature of. TRADE UNION LAW Intra-union dispute -Commencement of -Need to first go to the Industrial Arbitration Panel - Right of appeal thereof to the National Industrial Court. TRADE UNION LAW Intra-union dispute - Right of a union member to bring in conjunction with others. ISSUE Whether the National Industrial Court has original or appellate jurisdiction over infra union disputes. FACTS By an originating summons dated 16th September, 1996, the Applicants applied to the National Industrial Court asking for a number of reliefs emanating from what they considered to be irregularities in the running of the affairs of the National Union of Shop and Distributive Employees. The Respondents in response filed a preliminary objection to the competence of the originating summons and the jurisdiction of the court. The parties filed their respective memoranda on the preliminary objection and made oral submissions thereon. HELD (Upholding the preliminary objection and striking out the suit): 1. On Categories of disputes recognized under the Trade Disputes Amendment Decree No. 47 of 1992 - The words, “trade dispute” or any inter or intra-union dispute in the Decree No.47 of 1992 are clear and unambiguous. The word “or” in the Act is disjunctive. This means that the Act recognizes: (a) trade dispute; (b) inter-union disputes, and; (c) intra-union disputes. 2. On Need to commence intra-union dispute at the lndustrial Arbitration Panel- An intra-union dispute about the organization of a trade union should first go to the Industrial Arbitration Panel, thereafter a right of appeal shall be to the National Industrial Court vide section 24 of the Trade Disputes Act. 3. On Exclusive jurisdiction of National Industrial Court over inter-union or intra-union disputes - The jurisdiction of the National Industrial Court has been enlarged by virtue of section 1(A) of Decree 47 of 1992 which states that subject to the provisions of subsection 3 of section 20 of the Act, no person shall commence an action, the subject matter of a trade dispute or any inter or intra-union dispute in a court of law and accordingly, any action which prior to the commencement of the section is pending in any court shall abate and become null and void. 4. On Whether the National Industrial Court has original jurisdiction in intra union dispute - As the National Industrial Court is a superior court of record vide section 5(2) of the Trade Disputes Amendment Decree No.47 of 1992, the prohibition mentioned in section 1(A) and subsection 2 of the same Act, which barred the commencement of an action, the subject matter of a trade dispute or any inter or intra-union dispute in a court of law, is applicable to the court and excludes the court from having original jurisdiction in an intra-union dispute. 5. On Whether an inter-union or intra-union dispute must relate to a trade dispute before the National Industrial Court can be vested with jurisdiction - It is not the position of the law that for the National Industrial Court to be vested with jurisdiction in an inter- or intra-union dispute, it must relate to a trade dispute. 6. On Whether the steps laid out in sections 8,3,5, 7, and 13 of Part 1 of the Trade Disputes Act are applicable to inter or intra-union disputes - The steps laid out in sections 8, 3, 5, 7, and 13 of Part 1 of the Trade Disputes Act, are not appropriate or applicable in an inter or intra-union dispute. Those sections relate to a trade dispute simpliciter and not inter or intra-union dispute which does not fall within section 47 of the said Act. 7. On Right of a union member to bring an intra-union dispute in conjunction with others - A registered member of a union has a right to bring an intra-union dispute as a party in conjunction with others.