Court Nullifies NULGE Resolutions, Orders Fresh Election within 30 Days

The Presiding Judge, Owerri Judicial division of the National
Industrial Court, His Lordship, Hon. Justice Ibrahim Galadima has
nullified and set aside the resolutions taken or issued by former
Chairman of National Union of Local Government Employees, Imo State
chapter Comrade Richard Eze and other members of the State
Executives in their purported capacity as State Officers for being
illegal and unconstitutional.

The Court held that in accordance with the 2005 constitution of
NULGE, the tenure of office of the State Officers and Members of
the State EXCO of the Imo State Branch of NULGE constitutionally
expired by effusion of time on 14/6/2018, ordered for fresh
election within 1-Month.

The Claimants as full-fledged members of the National Union of
Local Government Employees NULGE are aggrieved that Defendants
(especially the 1st along with his members in EXCO), despite
serving out their four year term of office as Officers and Members
of the Imo State EXCO of the Union, unconstitutionally remained
beyond 14/6/2018 when they should have stepped down. The Claimants
alleged that the Defendants claim their tenure was elongated to six
years.

Therefore, this originating summons was filed for determination
whether having regard to the provisions of Rules of the NULGE
amended constitution, the tenure of office of persons elected State
Officers and members of the State EXCO of the State
Branches/Chapters of NULGE including Imo State Branch, is a period
of four (4) years and not six (6) years.

Upon determination, also sought for A declaration that any
decision, directive or resolution by any person, officer, organ or
body in the NULGE purporting to elongate or extend to a period of
six years, the four year constitutional tenure of office of the
State Officers and members of the State EXCO of the union as
prescribed in the union’s constitution, is illegal,
unconstitutional, null, void and of no effect.

The Defendants filed a notice of preliminary objection seeking
for the dismissal of the suit on the grounds that it is an abuse of
Court process and premature that the Claimants having not exhausted
all constitutionally prescribed internal and administrative
mechanisms for settling the matter urged the Court to dismiss the
suit.

In reply, the claimant submitted further that a perusal of the
2016 NULGE Constitution establishes that it will be impracticable
to require an aggrieved member of the union to appeal the decision
of the NEC to the NDC before seeking redress in Court. As such,
that the Claimants exhausted all domestic remedies and that the
suit before the Court is the final way of resolving the Claimants’
grievances.

However, the Defendants maintained that the National Delegates’
Conference resolved to elongate the tenure of all officials of the
EXCO including the tenure of the 1st Defendant, by an additional
two year term that the resolution made by the delegates at the
Conference on 13/10/2016 is superior to the NULGE Constitution and
has the effect of subjecting what it declares or resolves over and
above the provisions of the Constitution.

Delivering the Judgment, Justice Galadima held that the 2005
NULGE Constitution clearly provides for a period of four years
tenure for all officials of NULGE at the National, State and Local
Branches of the Union and further expressed thus;

“Again, it will seem logical that if the members present at the
National Delegates’ Conference intended to elongate the tenure of
her officials in office for an additional two years, there would be
at least a written resolution, signed by all or most of the members
in agreement which shall be forwarded along with a communique to
all the branches in the federation in compliance with the union
constitution and as due notification.

“Therefore, there is absolutely no doubt in my mind that Rule 6
(vi) of the 2016 NULGE Constitution ultra vires the 2016 NULGE
Constitution since it ambitiously grants the NDC the power to
decide or make resolutions which shall supersede the provisions of
the same Constitution even prior to such resolution being
registered by the Registrar of Trade Unions pursuant to Section 29
(1) of the TUA 2004. No resolution, prior to its registration or
recognition by the Registrar of Trade Unions is in effect, a
law.

Consequently, the Court declared that in accordance with the
2005 constitution of NULGE, the tenure of office of the State
Officers and Members of the State EXCO of the Imo State Branch of
NULGE who were elected on 14/6/2014, constitutionally expired by
effusion of time on 14/6/2018.

His Lordship also nullified and set aside, for being illegal and
unconstitutional, all steps, actions, decisions, resolutions or
directives whatsoever taken or issued after 14/6/2018 by the 1st
Defendant and those he represents in this suit in their purported
capacity as State Officers and members of the State EXCO of the Imo
State NULGE and mandated the defendants to conduct an election of
the State officers of the Imo State Branch/Chapter of NULGE in
accordance with the NULGE constitution within one month from
today.

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