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…