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1. MARITIME WORKERS UNION OF NIGERIA AND ANORS 2. COMRADE UZOIJE UKAUMUNNA - PRESIDENT GENERAL 3. COMRADEA.C.AKUJUOBI -TREASURER 4. COMRADE SABOALIYUABUBAKAR DEPUTY PRESIDI GENERAL 5. COMRADE JOSEPH 0. ORJI -DEPUTY PRESIDENT GENERAL+ 6. COMRADE IFY JULIE ASHIBOGWU -VICE PRESIDENT GENERAL 7. COMRADE FOLORUNSHO OLOGBAUMA -NATIONALAUDITOR 8. COMRADE LAWRENCE OJEDELE BOYE -VICE PRESIDENT GENERAL 9. COMRADE GIBERT L. FAKROGHA - VICE PRESIDENT GENERAL 10. COMRADE DENNIS M. OYANDONGHA - VICE PRESIDENT GENERAL 11. COMRADE JULIUS T. OGUNDIPE - NATIONALTRUSTEE (FOR THEMSELVES AND ON BEHALF OF THE EXECUTIVE COMMITTEE OF MARITIME WORKERS UNION OF NIGERIA AND THE ENTIRE MARITIME WORKERS IN NIGERIA) AND 1. NIGERIAN LABOURCONGRESS AND OTHERS 2. I.M.TAKOR 3. CELESTINE O. NWACHUKWU (FOR THEMSELVES AND ALL MEMBERS OF THE NIGERIAN LABOUR CONGRESS CARETAKER COMMITTEE FOR MARITIME WORKERS UNION OF NIGERIA) 4. A.S. OGBONNA (FOR HIMSELF AND OTHER MEMBERS OF THE MINISTER OF TRANSPORT CARETAKER COMMITTEE FOR MARITIME WORKERS UNION OFNIGERIA) 5. THE HONOURABLE MINISTER OFTRANSPORT 6. THE REGISTRAR OFTRADE UNIONS 7. COMRADE ONIKOLEASE IRABOR 8. COMRADEADEKUNLE RASAKBAKARE 9. COMRADE P.AMALU 10. COMRADE JOSEPH OZEREWOR 11. COMRADE ABUBAKAR DAHIRU 12. COMRADE GARBADAHIRU 13. COMRADE OLADIPUPO 14. COMRADE ALFRED ETETE 5. COMRADEADEWALEADEYANJU 16. COMRADE E.C. MBONU 17. COMRADEANYANWU 18. COMRADE T.HORSEFAL (NATIONAL INDUSTRIAL COURT) HON. JUSTICE M.A. BORISADE - PRESIDENT AMBASSADORM.S.SALEH - MEMBER CHIEFM.GDABIBI - MEMBER PROF. B.B. KANYIP - MEMBER MRS. V.N. OKOBI - MEMBER SUIT NO: NIC/5A/2001 DATE OF RULING - 24TH JULY 2001 LABOUR LAW Trade union - Intra-union dispute – Actions relating to - Whether National Industrial Court is a court of first instance in respect of. LABOUR LAW Intra-union dispute - Trade dispute – Meanings of- Difference between. LABOUR LAW National Industrial Court - Status of as a superior court of record - Original jurisdiction of- Scope of- Whether includes intra-union dispute. LABOUR LAW Trade union - Constitution of - Whether a collective agreement. NATIONAL INDUSTRIAL COURT Status of as a superior court of record – Original jurisdiction of - Scope of - Whether includes intra-union dispute. TRADE DISPUTE Intra-union dispute - Actions relating to -Whether National Industrial Court is a court of first instance in respect of. TRADE DISPUTE Intra-union dispute - Trade dispute – Meanings of- Difference between. TRADE UNION LAW Intra-union dispute - Actions relating to -Whether National Industrial Court is a court of first instance in respect of. TRADE UNION LAW Trade union - Constitution of - Whether a collective agreement. WORDS AND PHRASES Intra-union dispute - Trade dispute – Meanings of- Difference between. ISSUE Whether the suit, the subject matter of which is an intra-union dispute, can be commenced in the National Industrial Court as a court of first instance. FACTS The Applicants applied to the National Industrial Court for, among other things, the interpretation of certain provisions of the Constitution of the 1st Applicant, the Maritime Workers Union of Nigeria. Before the commencement of hearing, the Respondents raised a preliminary objection to the hearing of the suit on the grounds that the court as a court of first instance lacked jurisdiction to entertain and determine the matter being an intra-union dispute, and that the suit was a gross abuse of court process. The court then took arguments of counsel for both parties on the preliminary objection. Held: (Upholding the preliminary objection and striking out the suit,): 1. On Whether the National Industrial Court is a court of first instance in actions involving intra-union dispute actions - The relevant enabling statutes applicable to the issue of jurisdiction to hear intra union disputes are the Trade Disputes Act, Cap.432, Laws of the Federation of Nigeria, 1990 (as amended) and the Trade Disputes (Amendment) Decree No.47 of 1992. The main relevant provision is section 1A (1) of Decree No.47 of 1992, which states that 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. The provision is unambiguous and the National Industrial Court is caught by it. The court’s jurisdiction as a court of first instance in intra-union dispute actions can only be preserved where expressly conferred by statute. 2. On Scope of original jurisdiction of National lndustrial Court - The following provisions of the Trade Disputes Act, Cap. 432, Laws of the Federation of Nigeria, 1990 expressly confers original jurisdiction on the National Industrial Court: (a) Interpretation of any award made by an Arbitration Tribunal or by the court itself under section 14(1). (b) Interpretation of any term or provision of any collective agreement under section 15(1). (c) Interpretation of collective agreements and matters connected therewith under section 19(1). (d) section 20(1) confers jurisdiction on the court: (a) to make awards for the purpose of settling trade disputes referred to it by the Minister of Labour under section 13; and (b) to determine questions as to the interpretation of: (i) any collective agreement; (ii) any award made by an arbitration tribunal or by the court itself; (iii) the terms of settlement of any trade dispute as recorded in any memorandum under section 7 of the principal Act. Intra-union dispute is clearly not listed as one of the actions in respect of which jurisdiction at first instance is conferred on the court. 3. On Meanings of and difference between “intra-union dispute” and “trade dispute “- An intra-union dispute is a dispute arising from the organization and running of a trade union as laid down in the union constitution. It is different from a trade dispute, which is any dispute between employers and workers or between workers and workers, which is connected with the employment or non-employment, or the terms of employment and physical conditions of work of any person. 4. On Status of National lndustrial Court as a superior court of record - The National Industrial Court is a superior court of record. 5. On whether a trade union constitution is a collective agreement - A trade union constitution is not the same thing as a collective agreement.