The Presiding Judge, Yenagoa Judicial Division of the National Industrial Court has set aside the dissolution of the Comr. Priestly Eheri led Executive Committee of the College of Education, Warri Branch of Non-Academic Staff Union of Educational and Associated Institutions for having no legal effect, and declared the expulsion of Comr. Priestly from being a member of the Union as void, unconstitutional and not in consonance with the Union’s constitution.

However, the Court declined the reinstatement of Comr. Priestly Eheri led Executive Committee back to their respective positions on the premise that the case was filed barely a month into the expiration of their tenure, so as not to create an off-cycle tenure.

Justice Alkali awarded the sum of N2,000,000.00 (Two Million Naira) only as damages against the Union in favour of Comr. Priestly Eheri’s led Executive.

From facts, the Claimants- Comr. Priestly Eheri’s led Executive Committee had submitted that they were duly Elected Executives of NASU Non-Academic Staff Union of Education and Associated Institutions College of Education, Warri Brach, and averred that to their utmost surprise, they received a letter dated 24th July 2018 signed by the Deputy General Secretary on behalf of the General Secretary of NASU, purporting to dissolve their Branch Committee, cited irreconcilable differences amongst the Executive as the reason for the purported dissolution.

They maintained that there were no differences at all not to talk of irreconcilable ones, and despite their letter to the National Secretariat, the General Secretary went ahead to set up a purported caretaker committee, and all efforts for reversal were to no avail.

In defense, the defendants- Non-Academic Staff Union of Educational and Associated Institutions and 6 Others maintained that the claimants ceased to be in their respective offices, on 24th July 2018, when their Executive Committee was dissolved, on account of intractable disagreement amongst them.

Counsel for the Union argued that Comr. Priestly Eheri’s led Executive’s dissolution and inauguration of the caretaker committee was in line with the Union’s Constitution, and the eventual expulsion of Comr. Priestly from the membership of the Union, is justified under the Union’s Constitution, given the circumstances that led to the dissolution.

In opposition, the learned Counsel to Comr. Priestly, C. A. Alubi Esq averred that his client committed no wrong that could lead to expulsion from the Union, and urged the Court to grant the reliefs sought.

Delivering judgment after careful analysis of the submission of both parties, the presiding Judge, Justice Bashar Alkali reiterated that a trade union or an association is bound by its Constitution.

The Court held that the Non-Academic Staff Union of Educational and Associated Institutions and 6 Others failed to lead evidence to establish that the difference among the three principal officers of the NASU Warri Branch Committee is in violation of any of the provisions of the Union’s constitution, and the persistent irreconcilable differences among the three principal officers of the Warri Branch cited by the Union were discredited by the exhibit tendered.

Justice Alkali ruled that the dissolution of the Comr. Priestly Eheri’s led Executive Committee is incongruous with the Union’s constitution which states that an elected officer of the committee shall hold office for four years.

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