Court restrains TUC from holding delegates’ conference
The National Industrial Court (NIC) Lagos has restrained the Trade Union Congress (TUC) from holding its 12th triennial delegates’ conference or taking any further steps to hold it, pending the hearing and determination of the substantive suit before the court.
Justice R. H. Gwandu made the order in a suit filed by the Association of Senior Staff of Banks, Insurance and Financial Institutions (ASSBIFI) and nine other associations against the TUC.
The judge also granted an order of interlocutory injunction, restraining the defendant, its servants, officials or agents from conducting election into the position of president and other national officers of the Congress pending the hearing and determination of the substantive matter.
The order followed an ex- parte application filed and argued on behalf of the claimants’ counsel, Timothy Adewale and other lawyers in the matter, including Johnson Esezoobo, who represents a party seeking to be joined in the suit.
“I hereby grant the interlocutory order as prayed on the claimants’ motion paper dated and filed on June 16, 2022. The matter is adjourned for hearing on July 18, 2022,” the Justice Gwandu held on July 6, 2022.
The claimants’ in their originating summons had prayed the court to declare that by virtue of the agreements and resolutions reached and ratified at the 11th triennial delegates conference of the defendant held on June 28, 2019 at NAF Centre, Abuja, the 1st claimant (ASSBIFI) should produce the next president of the TUC for year 2022 to 2015.
The claimants also asked for an order, mandating and compelling the defendant to immediately enable the 1st claimant to produce and assume the office of the president of the defendant in line with the agreement and resolutions reached and ratified at the 11th triennial delegates conference in Abuja.
“An order of this court, restraining the defendant from publishing for election the position of the president of the defendant for the year 2022 to 2025 and any other order(s) as the court may deem fit to make in the circumstance of the suit,” they prayed.
The application is supported by 27-paragraph affidavit deposed to, by the general secretary of the Pulp Paper and Paper Products Printing and Publishing Senior Staff Association of Nigeria (PPAPPPAPSSAN), Benedict Ikegbulam.
He swore that sometime in 2019, due to the leadership imbroglio and the intricate nature of the situation around the presidency of the TUC, members of the defendant during its triennial delegates conference constituted an electoral committee chaired by Comrade Augustine Etafo of Construction and Engineering Senior Staff Association of Nigeria and also a deputy president of the Congress to work out modalities for elections into TUC as a way of resolving the imbroglio and saving the defendant from collapse.
“That the electoral committee, after the National Officers position were harmonised with the approval of the National Executive Council of the defendant recommended to the defendant the following order of presidency of the defendant to prevent rancor or internal crisis:
“That Food, Beverages and Tobacco Senior Staff Association of Nigeria (FOBTOB) take the position of TUC president in 2019- 2022. That ASSBIFI take the position of TUC president in 2022-2025 and after the tenure of ASSBIFI, the position of the president shall be open to all members to contest, and that these recommendations were approved and ratified.
“The claimants’ were however, surprised that the defendant in preparations for the 12th triennial delegates conference published a special notice dated February 8, 2022 for positions to be contested for 2022 to 2025 at the conference to include the office of the president of the TUC without any regard to the aforementioned motions adopted, ratified and already being implemented,” he averred. (The Nation)
