(2018) JELR 39012 (CA)    

Court of Appeal  ·  CA/A/588/2013 ·  25 Apr 2018 ·  Nigeria
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
trade unions act
civil process act
originating summons
constitution of the federal republic of nigeria
learned trial judge
provision of section
trade union act
supreme court
membership of the respondent
national industrial court
high courts
leading judgment
provisions of section
decision of the supreme court
employees of the appellants institute
national industrial court act
question of fundamental rights
salaries of the employees of the appellants institute
trade unions act cap
constitutional rights
constitution of federal republic of nigeria
decision of the national industrial court
declaration of exhibit nti
extant provisions of the trade union act
federal capital territory
flagrant violation of section
following effect
freedom of other persons
high court of the federal capital territory
judgment of the national industrial court of nigeria
jurisdiction of the respondent
labour act cap
laws of the federation
learned trial court
m.v. arabella vs. n.a.i.c
order of mandatory injunction
procedure of the trial court
rights of the claimant
said issue
said issue no.
terms of the jurisdiction of state high courts
trade union activities of the claimant
wages of every eligible worker of the claimant

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the National Industrial Court of Nigeria sitting at Abuja in Suit No.NICN/ABJ/284/2012, delivered on the 24th July, 2013. By an Originating Summons filed on the 12th October, 2012 at the National Industrial Court (hereafter called the trial Court) the Claimant who is now the respondent, submitted three questions for determination. They are -

1. Whether by the provision of Section 25(1) of the Trade Union Act, it is not mandatory for the Defendants to give recognition to the claimant.

2. Whether by the provision of Section 40 of the Constitution of Federal Republic of Nigeria 1999 (as amended) the Defendants can abrogate the rights of the Claimant's members in their establishment by failing to recognize their Constitutional rights.

3. Whether by the provisions of Section 17 of the Trade Unions Act Cap. T. 14 Laws of the Federation 2004, and Section 5(3) (a) and (b) of the Labour Act Cap…

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