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1. SENIOR STAFF ASSOCIATION OF STATUTORY CORPORATIONS AND GOVERNMENT OWNED COMPANIES, NIGERIA PORTS AUTHORITY BRANCH 2. COMRADE PIRE MAIDAMBE AND 1. SENIOR STAFF ASSOCIATION OF STATUTORY CORPORATIONS AND GOVERNMENT OWNED COMPANIES 2. MRS. N.P. OBIAJULU 3. MR.C.O. NWAGBARA (NATIONAL INDUSTRIAL COURT) HON. JUSTICE M.A. BORISADE PRESIDENT AMBASSADOR M.S. SALEH MEMBER CHIEFM.G DABIBI MEMBER PROF. B.B. KANYIP MEMBER MRS. V.N. OKOBI MEMBER SUIT NO: NIC/8A/2001. DATE OF RULING TUESDAY, 3RD JULY, 2001 LABOUR LAW Trade union - Intra-union dispute - Meaning of- Awards of Industrial Arbitration Tribunals in respect thereof - Appellate jurisdiction of the National Industrial Court to entertain appeals from. LABOUR LAW National Industrial Court - Commencement of action therein - Intra-union dispute - Whether can be commenced at the National Industrial Court. LABOUR LAW National Industrial Court – Original jurisdiction of- Scope of - Section 20(b), Trade Disputes Act - Whether competent to determine questions as to interpretation of union constitution or Nigerian constitution. LABOUR LAW National Industrial Court - Whether bound by the rule of stare decisis - Whether bound to adhere to its previous decision which is inconsistent with the provisions of an express law. LABOUR LAW Trade dispute - Industrial Arbitration Tribunals - Decisions of Right of appeal therefrom to the National Industrial Court - Section 16, Trade Disputes Act. NATIONAL INDUSTRIAL COURT Commencement of action - Intra-union dispute - Whether can be commenced at the National Industrial Court. NATIONAL INDUSTRIAL COURT Jurisdiction of - Original jurisdiction of - Scope of - Section 20(b), Trade Disputes Act - Whether competent to determine questions as to interpretation of union constitution or Nigerian constitution. NATIONAL INDUSTRIAL COURT Stare decisis - Rule of - Whether National Industrial Court bound by – Whether bound to adhere to its previous decision which is inconsistent with the provisions of an express law. TRADE DISPUTE Industrial Arbitration Tribunals – Decisions of - Right of therefrom to the National Industrial Court - Section 16, Trade Disputes Act. TRADE DISPUTE Intra-union dispute - Meaning of – Awards of Industrial Arbitration Tribunals in respect thereof- Appeals from – Jurisdiction of the National Industrial Court to entertain. ISSUE Whether the National Industrial Court has jurisdiction to entertain the action as a court of first instance. FACTS By way of originating motion on notice, the Applicants applied to the National Industrial Court for an interpretation of the 1st Respondent’s Constitution and also the 1999 Constitution of the Federal Republic of Nigeria, having regard to certain actions of the 1st Respondent affecting the status of the 1st Applicant. The Applicants then claimed certain declaratory reliefs against the 1st Respondent. HELD (Striking out the suit): 1. On whether action relating to intra-union dispute can be commenced at the National Industrial Court - In all cases, jurisdiction should always be determined based on the relevant enabling statute and the claim before the court. The relevant law establishing the National Industrial Court is the Trade Disputes Act, Cap. 432 Laws of the Federation of Nigeria, 1990, Part II. Section 5(2) of the Trade Disputes (Amendment) Decree No. 47 of 1992, now incorporated in the principal Act as section 19(2), which states that the court shall be a superior court of record. Section 1A(1) of the Trade Disputes (Amendment) Decree 1992, prohibits the commencement of an action subject-matter of which is an intra-union dispute in any court of law. The National Industrial Court, being a court of law, is caught by the section. 2. On Meaning of intra-union dispute and appellate jurisdiction of National Industrial Court to entertain same - The Trade Disputes (Amendment) Decree No.57 of 1988, now incorporated in the principal Act as section 24, defines trade dispute as a dispute arising from the organization and running of a trade union as laid down in the union constitution. The Decree confers appellate jurisdiction on the court, only from the awards of Industrial Arbitration Tribunals appointed under section 8 of the principal Act. By virtue of section 21 of the Trade Disputes Act, an appeal shall lie generally as of right from the decisions of the Industrial Arbitration Tribunals to the National Industrial Court. 3. On Scope of original jurisdiction of the National Industrial Court - Section 20(b) of the Trade Disputes Act listed the following items in respect of which the National Industrial Court can exercise jurisdiction at first instance. Determination of questions as to the interpretation of: (a) any collective agreement; (b) any award made by an Arbitration Tribunal or by the court; (c) the terms of settlement of any trade dispute as recorded in any memorandum for the purpose of effecting a settlement of the trade dispute under section 7 of the Act. Thus, determination of questions as to the interpretation of union constitution or the constitution of the Federal Republic of Nigeria perse, is not covered by section 20(b). Courts are not allowed to fish for jurisdiction, even if they think it is in the interest of justice to do so. 4. On Whether the National Industrial Court is bound by the rule ofstare decisis - The National Industrial Court is not bound by the rule of stare decisis, and even if it is so bound, the court will not adhere to a decision if such decision is inconsistent with the provisions of an express law.