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IN RE: 1. CHIEF SUNDAY OGUNYADE 2. EKPO EKPEYONG BETWEEN 1. ROAD TRANSPORT EMPLOYERS ASSOCIATION OF NIGERIA AND 5 OTHERS 2. ALHAJI MUHAMMADU MAMBO AND 2 OTHERS AND CHIEF SUNDAY OGUNYADE AND SIX OTHERS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A. ADEJUMO PRESIDENT PROF. B.B. KANYIP MEMBER MR. M.A.B. ATILOLA MEMBER SUIT NO: NIC/12M/95 DATE OF RULING NOVEMBER 10, 2004 LABOUR LAW National Industrial Court - Joinder of parties - Power of to sio motu order joinder of parties to proceedings before it - Rule 14, National Industrial Court Rules. LABOUR LAW National Industrial Court - Powers of in dealing with a matter before it - Extent and scope of -Section 35(1)(g) of the Trade Disputes Act -Whether can thereby order expansion of executive council of a trade union. LABOUR LAW Trade union - Intra-union disputes - Trade union involved in intra-union disputes - Power of National Industrial Court to appoint a public trustee to manage the affairs and finances of - Section 50, Trade Disputes Act. NATIONAL INDUSTRIAL COURT Joinder of parties - Power of National Industrial Court to suo motu order joinder of parties to proceeding before it - Rule 14, National Industrial Court Rules. NATIONAL INDUSTRIAL COURT Powers of in dealing with a matter before it -Extent and scope of - Section 35(l)(g) of the Trade Disputes Act - Whether can thereby order expansion of executive council of a trade union. NATIONAL INDUSTRIAL COURT Stay of proceedings - Principles guiding grant of - When will be refused- Relevant considerations. STAY OF PROCEEDINGS Principles guiding grant of - When will be refused - Relevant considerations. TRADE UNION LAW Intra-union disputes - Trade Union involved in intra-union dispute - Power of National Industrial Court to appoint a public trustee to manage the affairs and finances of - Section 50, Trade Disputes Act. ISSUE Whether, having regard to the conduct of the Applicants and surrounding circumstances of this case, stay of proceedings should be granted by the National Industrial Court. FACTS The National Industrial Court entered judgment in a suit between the parties on 29t1 June, 2001. The Applicants thereafter appealed the judgment of the Court to the Court of Appeal. Subsequently, the Applicants applied to the National Industrial Court for an order staying further proceedings in the suit at the National Industrial Court pending the hearing of the appeal lodged at the Court of Appeal against the said judgment of the Court delivered on 29th 3une, 2001. The parties filed processes in the application, and their counsel made submissions thereon. HELD (Dismissing the application): 1. On Power of the National industrial Court to suo moto joins a party to proceedings before it - By rule 14 of the National Industrial Court Rules, Cap.432, Laws of the Federation of Nigeria, 1990, the National Industrial Court can suo mow, that is of its own motion, direct that any person or body not already a party to the proceedings be joined as a party. No where in the Rules is it a requirement that when the court so acts, parties should be allowed to be heard on it. The court has the discretion to order a joinder if that will serve the interest of justice. 2. On Power of National lndustrial Court in dealing with a matter before it - Under section 35(1) (g) of the Trade Disputes Act, the National Industrial Court ha the power to generally give all such directions and do all such things as are necessary or expedient for dealing speedily and justly with the matter referred to it In the instant case, the court did not ere in suo motu ordering an expansion of the National Executive Committee of the Road Transport Employers Association of Nigeria (RTEAN). 3. On Power of National lndustrial Court to appoint a public trustee to manage the affairs and finances of a trade union involved in intra-union disputes - By section 50 of the Trade Disputes Act, the National Industrial Court has the power to appoint a public trustee for the management of the affairs and finances of a trade union involved in intra-union disputes. In the instant case, the court did not ere in suo motu ordering the appointment of an acting National Secretary-General for Road Transport Employers Association of Nigeria (RTEAN). 4. On Principles guiding grant of stay of proceedings - A court ordering a stay of proceedings must, inter alia, satisfy itself of the following: (a) that the res in the case will be destroyed if a stay is not granted; (b) that it will be unjust and inequitable to refuse the application; (c) that the Applicant for stay has established a right of action and a prima facie claim in law; and (e) the court is enjoined to consider the conduct of the parties to the case, and all the circumstances surrounding the litigation by the parties. In this case, the court took into consideration the conduct of the Applicants and the surrounding circumstances of the case in refusing the prayer of the Applicants. 196. BENJAMIN ITODO AND 68 OTHERS AND CHEVRON TEXACO NIGERIA (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A.ADEJUMO - PRESIDENT PROF. B.B. KANYIP - MEMBER MR. M.A.B.ATILOLA - MEMBER SUIT NO: NIC/5/2003 DATE OFRULING - NOVEMBER 26, 2004. LABOUR LAW Conditions of service - Incorporation by reference - Doctrine of- Meaning of- Incorporation by reference of a collective agreement into conditions of service - Validity and legality of- Whether perse entitle employee to activate interpretation jurisdiction of the National Industrial Court. LABOUR LAW Employment - Supernumerary Police Officers – Whether employees of their users or the Police Force. LABOUR LAW National Industrial Court – Interpretation jurisdiction of-Who can activate - Sections 15 and 20, Trade Disputes Act -Person merely benefitting from a collective agreement - Whether entitled to apply for its interpretation. LABOUR LAW National Industrial Court - Interpretation jurisdiction of-Scope of- Whether can be used to adjudicate substantive trial issues. LABOUR LAW Trade disputes - Trade Disputes Act - Section 48(2) (b) thereof- Whether applicable to police officers – Whether Supernumerary Police Officers can claim benefit of provisions of the Trade Disputes Act. NATIONAL INDUSTRIAL COURT Jurisdiction of National Industrial Court -Interpretation jurisdiction of- Who can activate -Sections 15 and 20, Trade Disputes Act – Person merely benefitting from a collective agreement - Whether entitled to apply for its interpretation. NATIONAL INDUSTRIAL COURT Jurisdiction of National Industrial Court Interpretation jurisdiction of - Scope of Whether can be used to adjudicate substantive trial issues. TRADE DISPUTE Trade Disputes Act - Section 48(2) (b) thereof -Whether applicable to police officers - Whether Supernumerary Police Officers can clam benefit of provisions of the Trade Disputes Act. ISSUES: 1. Whether the National Industrial Court has jurisdiction to hear the matter at hand. 2. Whether the Applicants disclosed a cause or reasonable cause of action as t activate the jurisdiction of the National Industrial Court to interpret a collective agreement. FACTS The Applicants applied by way of originating summons for the interpretation of Collective Agreement dated August 1, 2001 between the Respondent (Chevron Texaco Nigeria) and the branch of the National Union of Petroleum and Natural Gas Worker (NUPENG). The Respondent raised a preliminary objection to the originating summons on the ground that the court had no jurisdiction to entertain the action, and that the Applicants had n cause or reasonable cause of action, etc. Thereafter the court heard counsel for both side5 on the preliminary objection. HELD: (Upholding the pi objection): 1. On who can activate the interpretation jurisdiction of the National Industrial Court- The interpretation jurisdiction of the National industrial Court is regulated by sections 15 and 20 of the Trade Disputes Act. Whereas section 20(1) (b) (i) appears to be a general provision as to the power to interpret collective agreement, section 15(1) is specific in insisting that it is the Minister of Labour or any party to a collective agreement that can apply to the court to interpret a collective agreement. In other words, there has to be a nexus between the party in court and the collective agreement sought to be interpreted. If the intention is that any beneficiary of a collective agreement or any person with an interest in it can apply for its interpretation, the Act would have used the words “interested party”. Merely benefiting from a collective agreement does not entitle one to apply for its interpretation in the court, without more. To be so entitled, there has to be proof that the beneficiary is a member of the signatory organization (union or association) to the collective agreement. While it is true that it is not in all cases that a union or association may want to come to court on behalf of its members, the aggrieved workers would still need to show membership of the said union or association and the reluctance of the union or association to come to court for the court to accord them recognition, and hence a hearing. In the instant case, the Applicants did not show sufficient nexus with the collective agreement, Exhibit D, to activate the interpretation jurisdiction of the court. 2. On Doctrine of incorporation by reference in relation to interpretation jurisdiction of the National Industrial Court - The doctrine of incorporation by reference is essentially a contract principle, which allows parties and the courts to look to more than one document for the determination of all the terms and conditions of a given contractual arrangement. Thus, the letter of employment of an employee may by reference incorporate whatever may be agreed to in a collective agreement as part of the conditions of service of the employee in question. While this is valid and legal, it does not, without more, entitle the employee to come to the National Industrial Court under sections 15 and 20 of the Trade Disputes Act and ask for the interpretation of the collective agreement. The employee must build his case on the right(s) infringed and use the trade dispute resolution processes of Part 1 of the Trade Disputes Act, if in fact he comes within that process. This is because, the interpretation jurisdiction of the court under sections 15 and 20 of the Trade Disputes Act cannot and should not be used to adjudicate substantive trial issues. 3. On Whether Supernumerary Police officers are employees of their users- The users of Supernumerary Police officers are not their employers. The Supernumerary Police officers are appointees of the Nigeria Police Force. They are amenable to the overall control and discipline of the Nigeria Police Force. The power to appoint and discipline Supernumerary Police officers vests squarely on the Nigeria Police Force. Even when section 18 of the Police Act makes provision for payment of salaries and allowances, it merely requires the users of Supernumerary Police officers to make quarterly payments of such salary and allowances to the Accountant-General of the Federation. No where in the Police Act is it intended that the Police Force is absolved from its control over Supernumerary Police officers. 4. On Whether Supernumerary Police officers can benefit under the provisions of the Trade Disputes Act - Supernumerary Police officers are for all intents and purposes Police officers under the Police Act, and are consequently caught up by section 48(2) (b) of the Trade Disputes Act, and so cannot claim the benefit of the provisions of the Trade Disputes Act. In this case, therefore, the Applicants’ case failed.