ADUMEIN, J.C.A. (Delivering the Leading Judgment): By an originating motion on notice filed at the National Industrial Court, Abuja Judicial Division, the appellants sought sundry declaratory, injunctive and monetary reliefs against the respondent in the enforcement of their fundamental rights allegedly breached by the respondent. The application with suit No. NICN/ABJ/192/2012 was filed pursuant to the Fundamental Rights (Enforcement Procedure) Rules, 2009 and other relevant statutory provisions. The respondent filed a counter affidavit to oppose the application. In addition, he filed a motion on notice for an order striking out the entire suit for want of jurisdiction on the part of the trial court to entertain the case by virtue of section 46 of the Constitution of the Federal Republic of Nigeria, 1999.
After hearing arguments from the contending parties, the learned trial Judge, Esowe, J., in a considered ruling delivered on 30/01/2013, held that the case was “an intra-union disput…