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IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA Before His Lordship: HON. JUSTICE O. A. SHOGBOLA JUDGE Date: 24TH NOVEMBER, 2014 Suit No. NICN/ABJ/34/2014 BETWEEN COMRADE JONES N. OFUNNE CLAIAMNT AND 1. NIGERIA UNION OF LOCAL GOVERNEMNT EMPLOYEES (NULGE) DEFENDANTS 2. ALHAJI IBRAHIM KHALEEL (NATIONAL PRESIDENT NULGE) 3. COMRADE JUSHUA M. IRAPAKOB (GENRAL SECRETARY NULGE) 4. COMRADE ADDULRAHMON MAINA (NATIONAL PUBLICITY SECRETARY NULGE) 5. COMRADE LUCKY EWA (NATIONAL VICE PRESIDENT (SS) NULGE) REPRESENTATION B. Akin-Ania Esq with O. Onuigbo Esq for the Claimant. kelechi Okpara Esq holding the brief of K. Ojemeri for the Defendants. RULING Okpara - The matter is slated for defence. It appears we are not ready to proceed. Our sole witness, the General Secretary of the Union is not here, because they are having their general election slated for today and tomorrow. Based on this, we shall be asking for a short adjournment, we have no intention to delay the hearing of this case. Akin–Aina - On the 30th of October, 2014, the defendants were supposed to commence their defence that day. Their counsel did everything that day to have this matter adjourned till January 2015. It is necessary to note that since January 2014 when this matter was filed the defendants have been doing everything to stall the hearing of this case. The disturbing aspect of this is that the 5th defendant Lucky Ewa in this case whom we have alleged in our pleading in paragraph 10 that he is interested in the office for which we are in court for and he stands to benefit from the removal of the claimant is standing election tomorrow. Posters have been printed and they are conducting election tomorrow for the post of the claimant which is the subject matter of this suit. The election is taking place in Lafia Nasarawa State. An action is pending in this court and we are saying we have up to March 2015 before our time runs out. Despite the pending suit election is being held to fill the purported vacancy. We are therefore asking for the Order of this court restraining the 1st defendant not to temper with the office of the claimant. Stalling the hearing and going on with an election is an affront on this court. We need the protection of the court. Okpara - The learned counsel is going into the substantive issue before the court, he ought to wait for the court to decide on the application pending before this court. I am not seized of the facts, I am holding brief only. Posters can be presented to the court in order to make a point, however, we urge the court to discountance the submission and grant us an adjournment to defend the suit. We are ready to come back as soon as possible. Aina - A counsel holding brief is deemed to have been properly briefed. It is our duty to bring to the notice of the court steps been taking that will prejudice the outcome of the case. Lawyers should not be seen doing things that will upset the rule of law. Posters have been printed and election is taking place today and tomorrow. I urge the court to protect us in the circumstances by an Order restraining the 1st defendant from putting the post of the claimant out for contest. ORDER Having listened to both parties it is trite that once an action is filed in court, and hearing commenced parties are expected not to do anything that will jeopardize the outcome of the case. K. Ojemeri is a Lawyer representing the defendants in this case, I expected him to have respect for this court and not to do anything that will hurt the court. The counsel holding brief for K. Ojemeri has informed the court that election is taking place today and tomorrow. It is therefore the Order of this court that the 1st defendant is restrained from throwing open the subject matter of this case in which the defendants have entered appearance and about to open their defence to contest. The position of the claimant should not be filled by any candidate until the determination of this case. Ruling is entered accordingly. ______________________________ HON. JUSTICE O. A. SHOGBOLA JUDGE