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ASSOCIATION OF SENIOR STAFF OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS AND 1. AFRIBANK NIGERIA PLC 2. NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTIONS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE M.A. BORISADE PRESIDENT AMBASSADOR M.S. SALEH MEMBER MRS. V.N OKOBI MEMBER SUIT NO: NIC/2M/2000 DATE OF RULING 7TH JUNE, 2001 LABOUR LAW Collective agreement - Where Senior Staff of a company affected by an alleged breach of - Whether the company a necessary party to an action involving the alleged breach of the agreement. ISSUE Whether Afribank Nigeria Plc is a necessary party in the suit FACTS The 1st Respondent/Applicant, by a motion on notice, supported by a four-paragraph affidavit, prayed the National Industrial Court for an order striking out the 1st Respondent from the action. The Applicant/Respondent filed a five-paragraph counter-affidavit in opposition to the motion. In determining the application, the court considered the affidavit and counter-affidavit of the parties, and heard the submission of counsel for both parties HELD (Dismissing the application): On when company is a necessary party to an action alleging breach of a collective agreement - Where a company is privy to a collective agreement and is bound by it, to an action involving the Senior Staff of the company, who are affected by an alleged breach of a collective agreement, then the company is therefore a necessary party as the company would be bound by any order made in the suit.