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MIX AND BAKE FLOUR MILLINDUSTRIES LTD. AND NATIONAL UNION OF FOOD BEVERAGE & TOBACCO EMPLOYEES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE M.A. BORISADE - PRESIDENT CHIEF M.G DABIBI - MEMBER PROFESSOR B.B. KANYIP - MEMBER SUIT NO: - NIC/4/2000 DATE OFRULING - 15th FEBRUARY, 2001 LABOUR LAW Trade dispute - Arbitration tribunal Act or proceeding of - Whether can be questioned on ground of defect in appointment of a member. TRADE DISPUTE Arbitration tribunal - Act or proceeding of-Whether can be questioned on ground of defect in appointment of a member. ISSUE Whether the jurisdiction of the Industrial Arbitration Panel can be challenged on the ground that the members of the Panel were not properly constituted. FACTS By a motion on notice, the Appellant/Applicant applied to the National Industrial Court for an order staying proceedings in Suit No.NIC/4/2000 pending the determination of a suit filed at the Federal High Court in Suit No. FHC/B/CS/197/2000 between the Appellant/Applicant on one hand and the Respondent on the other hand. The court heard the submissions of counsel for both parties on the application. HELD (Dismissing the application): On whether composition of an arbitration tribunal under the Trade Disputes Act can be questioned on ground of deft c in appointment of a member - By section 11(4) of the Trade Disputes Act, Cap.432, Laws of the Federation of Nigeria 1990, an act, proceeding or determination of an arbitration tribunal appointed under section 7 of the Act shall not be questioned on the ground that a member or an assessor was not validly appointed.