Court Dismisses El-Rufai’s Objection | Nairalaw

National Industrial Court, NIC, sitting in Kaduna has dismissed
a preliminary objection filed by Kaduna State Government seeking to
stop the suit instituted by the Nigeria Union of Local Government
Employee, NULGE over plan to declare some of its members in the
state redundant.

NULGE had dragged the state government before the court over an
Executive Order, Kaduna State Local Government Council
(Restructuring and staffing Order) enacted by Governor Nasir
el-Rufai in 217 to limit the number of workers local government in
the state can employ.

The union claimed that with the governor’s executive order, over
4,410 of its members employed by the local governments in the state
are set to be declared redundant. The union prayed the court to
declare the order illegal and unconstitutional on the ground that
el-Rufai being a civilian governor lacks the legislative power to
make laws and is limited to execute laws made by the state House of
Assembly.

Joined in the suit as co-defendants are; Speaker, Kaduna State
House of Assembly, Attorney-General and Commissioner of Justice,
Commissioners for Local Government and Chieftaincy Affairs, Local
Government Service Commission and Head of Service, Kaduna
State.

The state governor and other defendants in their preliminary
objections however asked the court to dismiss the suit on the
ground that the National Industrial Court lacks jurisdiction to
adjudicate on matters relating to determination of any question as
to the interpretation of any provision of the constitution.

The defendants also claimed that NULGE lacked the locus to
institute the suit on behalf of local government employees in the
state.

Ruling on the preliminary objection, Justice S.O Adeniyi stated
that the objection of the defendants lack merit noting that NIC
like every other court in Nigeria has the constitution powers to
interpret the law with regards to subject matters under its
jurisdiction.

Justice Adeniyi said, “The access to court is a constitutional
right. It cannot be taken away by implication or speculation by the
courts or even by the parties.

“This being the situation, the Court cannot rightly construe
that the claimant suit is not in any way labour related as the
learned counsel for the 2nd Defendant assumed. I so hold.

On whether NULGE had the locus to institute the matter, the
judge said: “Without having to go far, I am of the view that the
Learned counsel for the 1st, 3rd to6th Defendants erroneously
submitted that a trade union has no locus standi to sue on behalf
of its members because there is no privity of contract between the
Claimant and the Defendants.

“This Court has over time recognized the right of unions to sue
on behalf of their members. The Claimant’s capacity to ventilate
the instant suit before this Court is as crystal clearly been given
legal backing by the Appellate Court in the most recent case of 835
Vs NUT supra.

“ In the final analysis, my over all decision is that the
concerted objections hurled on the Claimant’s suit by the
Defendants, is devoid of merit. The objections shall be and is
hereby accordingly overruled and dismissed.

“Consequently, the Claimant’s suit is hereby handed a clean bill
of competence to be determined by this Court on its merits.”