Hon. Justice Elizabeth A. Oji of the Lagos Judicial Division of the National Industrial Court has dismissed in its entirety the suit filed by Comrade Adeniyi challenging the validity of the National Delegate Conference of the National Union of Civil Engineering, Construction, Furniture and Wood Workers held in February 2017 in Asaba, Delta State.
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The Court held that Comrade Adeniyi failed to establish any breach of the union’s constitution or prove that he was unlawfully excluded from contesting the elections conducted at the conference; therefore, the reliefs sought could not be granted.
From the facts, the claimant, Comrade Adeniyi, former Vice President and financial member of the union, had contended that the National Delegate Conference held in February 2017 in Asaba was conducted in breach of the union’s constitution and was therefore illegal and unlawful. He maintained that the process leading to and culminating in the conference did not comply with the governing rules of the union.
Comrade Adeniyi further asserted that he was wrongfully denied the opportunity to obtain a nomination form and contest in the election conducted at the conference. Comrade Adeniyi argued that this exclusion amounted to a violation of his constitutional rights as a member of the union. Based on these claims, he sought declaratory and consequential orders from the Court.
In defence, the National Union of Civil Engineering, Construction, Furniture and Wood Workers and others denied all allegations of misconduct and maintained that the organs of the union functioned properly during the relevant period. The Union contended that the date and venue of the conference were duly approved by the appropriate union bodies and that nomination forms were available at the union headquarters and state offices.
The Union further argued that Comrade Adeniyi was not nominated by his State Council and was therefore ineligible to contest. They also maintained that Comrade Adeniyi failed to plead and prove specific acts of constitutional breach and did not establish any legal injury entitling him to the reliefs sought.
After careful consideration of the submission of both parties, the presiding judge, Hon. Justice Elizabeth Oji, held that Adeniyi failed to counter the Union’s position that forms were available at the union headquarters and state offices; and that the Claimant was not nominated by his State Council and was therefore ineligible to contest, attending only as NEC member.
The Court found that Comrade Adeniyi did not identify any specific provision of the union’s constitution that was violated, nor did he prove any act of noncompliance in the conduct of the conference.
The Court held that, on the allegation of wrongful exclusion from contesting the election, Comrade Adeniyi failed to rebut the defendants’ evidence that nomination forms were made available and that his ineligibility arose from his state council’s failure to nominate him.
Having failed to establish the foundational claims, the Court refused the reliefs seeking annulment of the conference and elections, the court dismissed the entire suit and made no order as to costs.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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