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AMALGAMATED UNION OF PUBLIC CORPORATIONS, CIVIL SERVICE TECHNICAL AND RECREATIONAL SERVICES EMPLOYEES (AUPCTRE) V. ANAMBRA STATE GOVERNMENT & ANOR (IN THE MATTER OF ENFORCEMENT OF INDUSTRIAL ARBITRATION PANEL’S AWARD UNDER SECTION 254 (4) OF THE CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA, 1999 (AS ALTERED))

(2018) JELR 87501 (NICN)

National Industrial Court of Nigeria  •  NICN/EN/13/2017, NICN/EN/14/2017 (By CONSOLIDATION) TRADE DISPUTE NO: IAP/HB/3787  •  23 Feb 2018  •  Nigeria

Coram
Hon. Justice I. J. Essien, Ph.D

Judgement

ESSIEN J (DELIVERING THE JUDGMENT): The judgment debtors/applicants by a motion on notice dated 27th March 2017 brought pursuant to section 6(6) of the 1999 constitution sought an order of this court:

Striking out Suit No NICN/EN/14/2017 – Amalgamated Union of Public Corporations Civil Services Employee (AUPTRE) v. Anambra State Government and Anor.

A similar motion seeking the same relief dated the 24th March, 2017 was filed in suit No. NICN/EN/13/2017 consolidated with Suit No:NICN/EN/14/2017 by order of this court made on the 5th February, 2018. 

The grounds upon which both application is predicated are the same.  In support of the application is an 18 paragraph affidavit and annexed to the affidavit is Exhubit AA (a writ in Suit No:A/454/2016 issued by Anambra State Hight court. The application is also supported by a written address of counsel.

The applicant in the motion in both suits contends amongst others that the Judgment Creditor/Applicant/Respondent lacks the locus standi to c…

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