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ASSOCIATION OF SENIOR CIVIL SERVANTS OF NIGERIA AND 1. INDEPENDENT NATIONAL ELECTORAL COMMISSION 2. DR. ABEL GUOBADIA (CHAIRMAN INDEPENDENT NATIONAL ELECTORAL COMMISSION) 3. ATTORNEY-GENERAL OF THE FEDERATION (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A.ADEJUMO - PRESIDENT PROF. B.B. KANYIP - MEMBER MRS V.N. OKOBI - MEMBER SUIT NO: NIC/10M/03 DATE OF RULING - FEBRUARY 24, 2005. LABOUR LAW Action against statutory body – Whether chairman thereof a necessary party thereto. ACTION Action against statutory body – Whether chairman thereof a necessary party thereto. LABOUR LAW Trade dispute - Judgments in trade disputes matters - Enforcement of - Whether can be enforced against an employer who was not a party to a suit between two unions. LABOUR LAW Trade dispute - Jurisdictional scope/recognition of trade union - Issue of- Whether a trade dispute - Jurisdiction of National Industrial Court to hear. LABOUR LAW Trade dispute - Who can declare. LABOUR LAW Trade union - Unionisation of workers -Workers of a government establishment -Unionization of - Non-eligibility of to be unionized by any of the unions listed in the Trade Unions Act - Eligibility of to be unionized by Nigeria Civil Service Union or the Association of Senior Civil Servants of Nigeria. TRADE DISPUTE Judgments in trade disputes matters -Enforcement of - Whether can be enforced against an employer who was not a party to a suit between two unions. TRADE DISPUTE Jurisdictional scope/recognition of trade union -Issue of- Whether a trade dispute - Jurisdiction of National Industrial Court to hear. TRADE UNION LAW Unionisation of employees - Workers of a government establishment - Unionization of - Non-eligibility of to be unionized by any of the unions listed in the Trade Unions Act – Eligibility of to be unionized by Nigeria Civil Service Union or the Association of Senior Civil Servants of Nigeria. ISSUE Whether judgment in a trade dispute matter involving two trade unions can be enforced on an employer who was not a party to the action. FACTS By a motion on notice, the Applicant sought to enforce the judgment of the National Industrial Court in Suit No. NIC/5/93 between the Nigeria Civil Service Union v. Association of Senior Civil Servants of Nigeria against the Respondents who were not parties to the action. The Respondents then raised a preliminary objection to the motion on notice. At the hearing of the preliminary objection, all the counsel argued their respective cases on record by filing written briefs of argument. The counsel to the 3fl Respondent did not however file any written brief, but instead aligned himself with the written arguments of the counsel to the 1st and 2nd Respondents. HELD (Dismissing the preliminary objection): 1. On whether judgment in a trade dispute between two unions can be enforced against an employer who was not a party to a suit - The answer to the question whether an employer who was not a party to a suit between two unions can have the judgment in that suit enforced against him would depend on the subject matter of the suit in dispute. The general law is that the judgment in a suit is only enforceable against the parties in the suit. The only caveat is that in trade dispute matters, the effect of a judgment is often on an employer who may not be a party to the suit. In questions of jurisdictional scope between unions and recognition disputes, an employer is often a passive party. His presence in the suit is often immaterial given that his right(s), one way or the other, is not an issue in dispute. When the court rules that one union over another has the jurisdictional scope to unionize certain members, or that some employees should be given recognition by an employer, the determination of any of these issues often does not involve questions of rights of the employer as to warrant giving the employer audience or right to be heard, Whatever is the decision of the court, the employer is expected to abide by the decision given that statutorily, recognition and deduction of check-off dues are automatic and obligatory. In the instant case, the arguments of the Respondents that they were not parties to Suit No. NIC/5/93 and so could not have the judgment in that suit enforced against them was, therefore, erroneous. 2. On whether issue of jurisdictional scope/recognition of a trade union is a trade dispute over which the National Industrial Court has jurisdiction - An issue of jurisdictional scope/recognition of a trade union is a trade dispute within the meaning of section 47 of the Trade Disputes Act, over which the National Industrial Court has jurisdiction. 3. On who can declare trade disputes - The Labour Minister is only one of several parties that are statutorily allowed to declare a trade dispute, the other parties being workers and employers. [Corporate Affairs Commission v. Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (2004) NLLR (Pt.]) 1 referred to] 4. On Unionization of workers of a government establishment not eligible to be unionized by any of the unions listed in the Trade Unions Act, 1990 - Workers of a government establishment not specifically eligible to be unionized by any of the unions listed in the Trade Unions Act are eligible to be unionized by either the Nigeria Civil Service Union (NCSU) or the Association of Senior Civil Servants of Nigeria (ASCSN). By section 158 of the 1999 Constitution, it is only when exercising the power to make appointments or exercise disciplinary control over persons the Independent National Electoral Commission or any of the bodies listed in the section is not subject to the direction or control of any person or authority. Thus, the National Industrial Court has jurisdiction to entertain this matter. 5. On whether chairman of statutory body a necessary party to a suit against it - The Independent National Electoral Commission is a corporate entity capable of suing and being sued. Therefore, the Chairman of the Commission is not a necessary party in a suit against the Commission.