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NATIONAL INDUSTRIAL COURT HOLDEN AT LAGOS BEFORE THEIR LORDSHIPS Hon. Justice Babatunde Adediran Adejumo President Hon. Justice Benedict Bakwaph Kanyip Judge Hon. Justice Muhammadu Baba Dadda Judge DATE: 14th May, 2008 SUIT NO. NIC/44/2007 BETWEEN 1. Mr. Fred Oje 2. Mr. Fedelis Ihemere (for themselves and on behalf of the } Entire membership of Association of Senior Staff of Banks, Insurance and Financial Institutions ASSBIFI Union Bank) }…..Applicants 3. Mr. Akin Owoyemi } 4. Mr. Sola Banjo (for themselves and on behalf of entire membership} Of ASSBIFI UBA Unit) AND 1. Mr. Adeshina Lasisi Sanni } 2. Mr. Sunday Salako } 3. Mr. Babatola Femi – Ojo (for themselves and as representing }…Respondents Members of the Central Working Committee of the ASSBIFI constituted at Benin between 25th-27th November, 2004) } 4. Union Homes Savings and Loans Limited } 5. Association of Senior Staff of Banks, Insurance and Financial Institutions} REPRESENTATION OF PARTIES Mr. Bamidele Aturu Esq. with Mrs. B.C Anyanwu appeared for the claimants Mr. Kennedy Osunwa Esq. appeared for the 1st, 2nd, 3rd, and 5th respondents Miss H.O Oputa appeared for the 4th respondents Addressing the court on iurisdiction, Mr. Bamidele Aturuu said the claimants in this suit commenced the action on 2nd Novemher, 2007 vide a complaint and statement of fact and that they are seeking a number of declaration injunctive reliefs. Essentialy on the interpretation of the constitution of a duly registered trade union known as Association of Senior Staff of Banks,Insurance and Financial Institutions (ASSBIFI). It is trite law, according to Aturu Esq. that in determining the issue of jurisdiction, the only processes to be considered by the court are those filed by the claimants. The Supreme Court of Nigeria in AGF v. Guardian Newspapers Limited (1999)9 N\\/LR(Pt 18) 187 at 189. He submitted that what this court should consider in determining these issues are the complaint and the statement of fact. He referred the court to the relief sought in the statement of fact. Mr. Aturu said that apart from the consequential reliefs, the main relief is the construction of the constitution of (ASSBIFI) as a trade union. Aturu submitted further that there is no demarcating line or technical demarcation between interpretation and application of a statute or any document. This according to him is because in order to apply a law or any document for the purposes of resolving a dispute between parties, the court must necessarily interpret or construe the document. This submission is borne out of paragraph 13 of statement of fact. If the court construe the statement of facts wholly, we urge the court to hold that this matter is about the interpretation of the Union's constitution. Aturu submittcd that with the coming into force of National Industrial Court (NIC) Act, 2006, interpretation Unions Constitution has now been elevated into a higher pedestal, that is, other categories of intra Union disputes. He submitted that Section 7 of NIC Act 2006 does not support the conclusion that all intra Union disputes just necessarily go through the processes of Part 1 of Trade Disputes Act. As an officer of this court and having been referred to a long line of decisions made by this court on this issue, Aturu Esq. conceded that this court does not have original jurisdiction to hear this case. In view of the above, he applied that the matter be struck out for want of original jurisdiction. Mr. K. Osunwa and Miss Oputa did not object to the application made by Aturu Esq. RULING Application granted. The case is therefore struck out without cost. ……………………………. Hon. Justice B. A. Adejumo President …………………………………. ………………………………… Hon. Justice B. B Kanyip Hon. Justice M. B. Dadda Judge Judge