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ALHAJI SHAMUSIDEENADELAJAAND 6 OTHERS AND CHIEF SUNDAY OGUNYADE AND 6 OTHERS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT CHIEF M.A. BORISADE - MEMBER AMBASSADOR M.S. SALEH - MEMBER SUIT NO: - NIC/12/95 DATE OF RULING - JULY 2, 1997. LABOURLAW Intra-union dispute - Jurisdiction of National Industrial Court to entertain same - Source of- Section 24, Trade Disputes Act. LABOUR LAW Trade dispute - Right of appeal to National Industrial Court against award - Whether can be taken away in the absence of express words to that effect. LABOUR LAW Trade Unions (Amendment) Decree No.4 of 1996 - Effects of - Whether cancels certificates of registration of Senior Staff and Employers Association. NATIONAL INDUSTRIAL COURT Jurisdiction of - Intra-union dispute -Jurisdiction of National Industrial Court to entertain same - Source of- Section 24, Trade Disputes Act. TRADE UNION LAW Trade Unions (Amendment) Decree No.4 of 1996 - Effects of - Whether cancels certificates of registration of Senior Staff and Employers Association. ISSUES 1. What is the effect of the provisions of the Trade Unions (Amendment) Decree No.4 of 1996 on the status of the Road Transport Employers’ Association of Nigeria (RTEAN)? Whether the National Industrial Court has jurisdiction to determine the intra-union dispute between the two factions of the Association, referred to the court by the Federal Minister of Labour by an instrument dated 22 September, 1995, notwithstanding the effect of the provisions of Decree No.4 of 1996 on the Association (RTEAN). FACTS: Following the promulgation of the Trade Unions (Amendment) Decree No.4 of 1996, the National Industrial Court raised suo motu the issue whether the effect of the amendment made to the Trade Unions Act, by the new Decree is that the Road Transport Employers’ Association of Nigeria (RTEAN) has ceased to be a registered trade union as to oust the jurisdiction of the court from entertaining the intra-union dispute between two factions of the Association, which was referred to the court for adjudication by the Federal Ministry of Labour and Productivity vide an instrument dated 2 September, 1995. Counsel for the two factions of the Association then addressed the court on the issue of jurisdiction. HELD (Assuming jurisdiction on the matter): 1. On Whether a right of appeal can be taken away in the absence of express words in a statute - The right to prosecute and defend an appeal cannot be taken away from the parties in the absence of express words taking away such a right. 2. On effects of the Trade Unions (Amendment) Decree No.4 of 1996 on Senior Staff and Employers Association - By the provisions of the Trade Unions (Amendment) Decree No.4 of 1996, the certificates of registration of the Senior Staff and Employers’ Associations have not been expressly cancelled by Decree No.4 of 1996. The inference, therefore, is that the registration of the Road Transport Employers’ Association of Nigeria (RTEAN) still subsists. 3. On Source of jurisdiction of the National Industrial Court to entertain intra union dispute - The jurisdiction of the National Industrial Court to determine an intra-union dispute must exist by virtue of section 24 of the Trade Disputes Act, which provides that a right of appeal shall lie to the court from the awards of the Industrial Arbitration Panel which shall be exercisable in the case of intra-union disputes arising from the organization and running of a trade union as laid down in the union constitution or inter-union trade disputes arising from the, restructuring of trade unions established under the Trade Unions Act. In the instant case, the right of appeal had already become vested in the parties as from 22 September, 1995 as the dispute had been properly referred to the National Industrial Court as from that date. The court therefore had jurisdiction to hear the instant appeal.