CORAM

PARTIES

SUNDAY E. UMOREN APPELLANTS

ASUQUO E. AKPAN & ORS RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondents as Plaintiffs before the lower court filed an originating summons which asked for the determination of sundry questions on the provisions of the Trade Union (Amendment) Decree No. 4 of 1996 contending that the election of the executive members at the just concluded delegates conference is illegal, unlawful and contrary to the Trade Union (Amendment) Decree No. 4 of 1996 and accordingly null and void. The Defendant now Appellant filed a motion on Notice for dismissal of the suit for want of jurisdiction in that the Plaintiffs have instituted the action in violation of the Provisions of the said Act. The court ruled against the Defendant/Appellant in their motion for objection. Dissatisfied with the ruling, the Defendant/Appellant appealed to this court.?

HELD

Appeal allowed

ISSUES

Whether the learned Judge was right to overrule the Appellant objection and assume jurisdiction to try the substantive suit notwithstanding the fact that the subject matter is an intra-Union dispute?

RATIONES DECIDENDI

CASES CITED

Abu v. Odugbo (2006) 7SCNJ 167Adesokun vs. Adetunji (1994) 5 NWLR (Pt. 346) at 540Akinbinu vs. Oseni (1992) 1 NWLR (Pt. 215) pg. 97Akinfolarin v. Oluwale (1994) 4 SCNJ 30,Daniel vs. Fadugba (1998) 13 NWLR (Pt. 582) 482Ekong vs. Oside (2005) 9 NWLR (Pt. 929) 120; Gombe vs. P. W. (Nig.) Ltd. (1995) 6 NWLR (Pt. 402) page 402; Muyiwa Daniel &Ors vs. Mrs. Olutunde Fadugba (1998) 13 NWLR (Pt. 582) 482 at 496,N. U. R. T. W. vs. Ogbodo (1998) 2NWLR (Pt. 537) page 189 at 193Reg. Trustees of Con. Sec Sch &3 Ors. v. Commissioner of Education Kogi State &4 Ors.Salati vs. Shehu (1986) 1 NWLR (Pt. 15) pg. 198Sode vs. A-G, Federation (1986) 2 NWLR (Pt. 246) 568Tidex Nigeria Ltd. vs.Nupeng (1998) 11 NWLR (Pt. 573) 263Udoh &Ors vs. Orthopeadic Hospital Management Board &Anor (1993) NWLR (Pt. 304) 138, ?

STATUTES REFERRED TO

None

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