Justice Peter Lifu of the National Industrial Court (NIC), Abuja, on Monday fixed June 10 for hearing in a suit against Nigeria Labour Congress (NLC).
The claimants, Mr Emmanuel Yekovie and Mr Gideon Homano, had taken William Akporeha, Ayuba Wabba and Joseph Ajaero to court over their exclusion from the NLC election in Delta State.
The judge, while adjourning the case, said that the motion ex-parte had been overtaken by events because the election had already been conducted.
“Let everybody come, I will listen to all of you but I do not know the status quo you want to be maintained because you cannot restrain what has already happened,’’ he said.
The claimants’ counsel, Mr Jude Igudia, had earlier filed an ex-parte motion on April 20 to restrain the congress from holding elections in the state.
He said that in spite of the motion, the two fractions of NLC held elections with two chairmen emerging, excluding the claimants.
According to him, since the motion is overtaken by events, they will amend the motion on notice and processes to request nullification of the election.
“We want a declaration that: the defendants have no power or authority under the enabling constitution of the NLC to conduct parallel elections.
“Or conduct any election by whatever name it is called or described and deny the claimants the right to vie for the executive offices of the NLC in Delta state.
“We will also request an order of injunction restraining the defendants, his agents, privies or servants from denying the claimants the right to vie for position into the different executive offices of NLC in the state.’’
The defendants counsel, Mr M.E Edah, said that the processes were served after the elections had been held.
The judge adjourned the case till June 10 for hearing and further application in the suit.
