(2006) JELR 46216 (CA)    

Court of Appeal  ·  CA/A/164/M/04 ·  18 Dec 2006 ·  Nigeria
Other Citations
Oshiomole v. A.-G., Federation (2007) 8 NWLR (Pt. 1035) pg.58
Oshiomhole v. F.G.N. (2007) 8 NWLR (Pt. 1035) 58
MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trade dispute
trade union
lower court
strike action
national assembly
laws of the federation of nigeria
trade disputes act
trade union act
automotive gas oil
suo motu
act of the national assembly
affidavit of the national union of petroleum
capacity of the 1st appellant
constitution of the federal republic of nigeria
learned chief judge
n1.50k fuel tax
natural person
tax of n1.50k
virtue of section
21-paragraph statement of claim
addresses of counsel
attention of the learned chief judge
charge of n1.50k
circumstances of this case
contemplation of furtherance of a trade dispute
federal high court coram
findings of the learned chief judges
fundamental rights of the appellants
individual contracts of employment
mr. femi falana
number workers
oral submissions of their counsel
platform of a trade union
point suo motu
political decision of the government
preview of the trade disputes act cap
price modulation of petroleum motor spirit
respect of any matter
r. n. ukeje chief judge
said annexure
said notice of intention
state policy
subject matter
trade dispute act cap
trade unionist

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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