The National Industrial Court sitting in Abuja on Wednesday dismissed a suit filed against the Nigeria Labour Congress (NLC) by Agricultural and Allied Workers Union of Nigeria (AWUN).
AWUN had sued NLC in 2011 accusing it of depriving its members the right to attend the 10th NLC’s General Delegate Conference in March 2011.
Delivering judgment, the presiding judge, Justice Maureen Esowe, held that AWUN had no legal standing to institute the action, saying that the union was non-existent.
Esowe explained that the evidence before the court revealed that AWUN had merged with another union to form a union called, the Agricultural and Allied Employees Union (AAEU).
“From the evidence before this court, there is no more Agricultural and Allied Workers Union; the case is hereby dismissed and the court cannot make any order since the claimant is not a jurist,’’ she ruled.
During hearing, counsel to the claimant, Mr P.A. Ameh, told the court that the claimant was an affiliate member of the defendant and had been carrying out its financial obligation.
Ameh urged the court to invite the registrar of trade unions to ascertain the legal existence of the union in the interest of justice.
The registrar of trade union, represented by its labour officer, Mrs Edith Obeta, told the court that AWUN was a deregistered union and declared it non-existent.
The counsel to NLC, Mr Anthony Itedjere argued that AWUN had no legal standing to file the suit, saying that it was a deregistered union.
Itedjere urged the court to dismiss the suit for lack of merit.
NAWU had prayed the court to declare that NLC’s refusal to invite the union to its delegates’ conference was a violation of the constitution of the congress.
They also prayed the court to order the defendant to henceforth involve the claimant in all its activities and to also award N300 million in damages against the congress.
