SODADE & ORS
V.
IMAGIE & ORS

(1989) JELR 44616 (CA)    

Court of Appeal  ·  CA/L/184/87 ·  24 Jan 1989 ·  Nigeria
 · 
Other Citations
Sodade v. Imagie (1989) 4 NWLR (Pt.114)
CORAM
EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Court of Appeal of Nigeria BOLARINWA OYEGOKE BABALAKIN Justice of The Court of Appeal of Nigeria FRANCIS OLISA AWOGU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
order
plaintiffs
application
1st plaintiff
learned judge
registrar of trade unions
accounts of the 6th defendant union
members of the union
removal of the plaintiffs
accounts of the 6th defendant
central working committee
order of interim injunction
purported national executive council
2nd defendant
6th defendants
a.c.b. accounts
account no.50771
bank accounts of the 6th defendant union
determination of this issue
interlocutory injunction
irreparable injury
24-paragraph statement of claim
3rd plaintiffs
above order
behalf of the 6th defendants
case of financial impropriety
documentary evidence
erroneous impression of the existence of a union
following grounds of appeal
following issues
general right
lagos high court
law reports of this country
legal national president
main substantive claim of the plaintiffs
national executive council power
national union of postal
officers of the 6th defendant
only persons
operation of the accounts of the 6th defendant union
problem of trade union officials
respect of the allegations
ruling of ayorinde j.
said accounts of the 6th defendant union
specific grant of power
state chairman
subsequent application
such infighting
trade unions decree

AWOGU, J.C.A. (Delivering the Lead Ruling): This appeal deals with the problem of Trade Union officials who fight over positions rather than carry out the sacred trust placed upon them by the members of the Union. Such infighting creates the erroneous impression of the existence of a Union "cake" to be shared. The law reports of this country are now replete with disputes of this nature.

The facts of the present dispute arose in this manner. The Plaintiffs, now Respondents, were removed as officers of the 6th Defendant, namely, the National Union of Postal/Telecommunications Employees. In suit No.LD/1662/86 at the Lagos High Court, the Plaintiffs sued for:

1. A declaration that the purported suspension and or removal of the Plaintiffs by the Central Working Committee is unconstitutional, null and void.

2. A declaration that the decision of the Central Working Committee which sat on the 8th of October, 1986 in so far as it affects the Plaintiffs is unconstitutional, illegal, null and vo…

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