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OSHIOMHOLE & ANOR.
V.
FGN & ANOR.

(2006) JELR 46216 (CA)

Court of Appeal 18 Dec 2006 Nigeria
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- The plaintiff filed a lawsuit claiming that the notice of intention to resume strike action issued by the defendants was illegal and unconstitutional. - The defendants filed a counter-claim challenging the legality of the plaintiff's deci

Case Details

Suit Number:CA/A/164/M/04
Judges:MARY U. PETER-ODILI JCA BODE RHODES-VIVOUR JCA OYEBISI FOLAYEMI OMOLEYE JCA
Counsel:Femi Falana For the Appellant; Ubong Akpan (withn him, Isaiah Opeaje and Bunmi Naiyeju) For the Respondent.
Other Citations:(2007) 8 NWLR (Pt. 1035) 58, Oshiomole v. A.-G., Federation (2007) 8 NWLR (Pt. 1035) pg.58

MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): The plaintiff commenced this action by a writ of summons on 6th February, 2003 claiming the following reliefs:-

(i)A declaration that the notice of intention to resume strike action dated 7th January, 2004 issued by the defendants to the plaintiffs in opposition to the plaintiffs' policy of a charge of N1.50k per litre in Price Modulation of Petroleum Motor Spirit and Automotive Gas Oil is not in contemplation of furtherance of a trade dispute as provided for under the Trade Dispute Act Cap 432 LFN 1990 and is contrary to Section 222 of the Constitution of the Federal Republic of Nigeria and therefore irregular, invalid, illegal, unlawful, void and of no effect whatsoever.

(ii) A declaration that the defendants are not entitled to embark on any strike action pursuant to Annexure 1 and/or in respect of any matter not ambit of the provisions of the Trade Dispute Act Cap 432, LFN, 1990

(iii) A declaration that the 1st defend…

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