The Presiding Judge of Makurdi Judicial Division of the National Industrial Court, Hon. Justice Isaac Essien has declared the denial and exclusion of the Terngu Torhemem, Mbatsavdue Malachi, Yongo Saalu And Ngise Timothy, and others from contesting NULGE Ukum Local Branch elections 2020 and the refusal of the Benue State Chapter of NULGE to conduct elections into the executive of the NULGE Ukum local branch as discriminatory, illegal, ultra vires, unconstitutional, null and void.

The Court granted an ORDER of perpetual injunction restraining Hyacinth Nyam and 4 others and any other officer presently holding any office as the executive of Ukum local branch of NULGE from parading themselves in any manner or guise whatsoever as to the elected officers or executives of NULGE Ukum local branch as per the offices or designation purportedly ascribed to them.

Justice Essien ordered the NULGE Benue State Chapter to organize a fresh and proper Union congress of NULGE Ukum local branch at the secretariat of Ukum Local Government Council within 30 days to elect the executive committee of Union for Ukum local branch; and all the candidates who lawfully obtained and submitted nomination forms including Terngu Torhemem, Mbatsavdue Malachi, Yongo Saalu And Ngise Timothy shall participate in the election.

From facts, the claimants- Terngu Torhemem, Mbatsavdue Malachi, Yongo Saalu, and Ngise Timothy had contended that the emergence of Hyacinth Nyam and 4 others as the executive members of the NULGE Ukum local branch did not comply with the lawful process as provided in the Union’s Constitution, argued that there was no Local Congress and no election was conducted in 2020 for NULGE Ukum local branch because those of them that bought nomination forms were not given any notice as to any congress.

In defense, the defendants- NULGE Benue Chapter, Its President, and 5 others posited that the election was held on 17th August 2020 and Terngu Torhemem and 3 others were among the contestants who contested and lost the election, and Terngu Torhemem and 4 others won the election by majority votes cast and were inaugurated by the Benue Chapter President to serve for 4 years.

In another tone, the Union averred that the Benue Chapter President addressed the contestants and informed them that election would not hold for the Ukum local branch executive due to the State of insecurity and those that bought nomination forms without any opponent would be assumed to have emerged unopposed in the election and would be inaugurated to avoid a vacuum, urged the court to dismiss the case in its entirety.

The learned Counsel to the claimants, further argued that the action of Union and its president offends the constitution of NULGE, urged the court to grant the reliefs sought.

Delivering the judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice Isaac Essien held that the contradictory claims averred by the NULGE Benue Chapter and its president that election was postponed due to security challenges, on another breath alleged that election was conducted for some positions were a clear testimony that there was no election to elect persons into any of the executive positions of the union in Ukum Local Government Area on the 17/3/2020.

The court held that no provision in the NULGE Constitution gives the State Executive Committee of the union the power to appoint members of the branch executive to hold office for 4 years as claimed by the defendants to this action.