EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Respondents were the applicants at the Taraba State High Court, suing for themselves and on behalf of the Academic Staff of Secondary Schools in Taraba State. The Respondents initiated this action at the trial High Court against the Appellants for the enforcement of their fundamental rights guaranteed by Sections 34, 35 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 (the 1999 Constitution) and Articles 2, 5, 6, 10 and 11 of the African Charter on Human Rights (Ratification and Enforcement) Act, Cap 10 LFN 1990. The substance of their suit, brought under the Fundamental Right (Enforcement Procedure) Rules, is that, having withdrawn their membership of and resigned from the Nigerian Union of Teachers (NUT) (the 1st Appellant); their employers, the Taraba State Teaching Service Board [2nd Appellant], was obligated to respect their decision and stop deducting "check off dues and Teachers Welfare Premium" from t…
NUT TARABA STATE & ORS
V.
HABU & ORS
(2018) JELR 39438 (SC)
Supreme Court 23 Mar 2018 Nigeria
BriefBot Summary
- The respondents filed a lawsuit at the Taraba State High Court to enforce their fundamental rights guaranteed by the Constitution and the African Charter on Human Rights. - The trial court initially struck out the suit for lack of jurisdi
Case Details
Suit Number:SC.106/2005
Judges:OLUKAYODE ARIWOOLA JSC
MUSA DATTIJO MUHAMMAD JSC
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC
CHIMA CENTUS NWEZE JSC
EJEMBI EKO JSC
Counsel:F.K. Idepefo, Esq. with him, U. C. Okeke, Esq. For the Appellant;
F.B. Kizito, Esq. with him, I. J. Onoja, Esq. For the Respondent.
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