REGD. TRUSTEES OF TIPPING OWNERS UNION
V.
NIGERIA UNION OF MINE WORKERS & ORS
KUMAI BAYANG AKAAHS, J.C.A. (Delivered the Leading Judgment): The Plaintiff commenced the action by Originating Summons in the High court of cross River state, Calabar Division on 20/11/2006 as suit No. HC/410/2006. on the 7/2/2007. Ita J. of Calabar Division to whom the matter was assigned asked for a transfer of the said suit to Akamkpa Judicial Division and it surfaced before Eneji, J. as Suit No.. HK/7/2007. The plaintiff sought for a determination of the following questions:
"1. Whether the 1st, 2nd and 3rd Defendants are entitled or empowered by any law to impose or collect taxes, levies, dues or any money by whatever name called from the Plaintiff and its members under the following laws:
(i) Trade Union Act Cap T14(Vol.15) Laws of the Federation of Nigeria 2004.
(ii) The Constitution of Federal Republic of Nigeria 1999.
2. Whether the 1st, 2nd and 3rd Defendant are entitled or authorized by any law to force the Plaintiff and its members to belong to the 1st defendant or to pr…