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COMRADE ABIODUN PHILIP & 29 ORS v. COMRADE LATEEF IDOWU OYELEKAN & 18 ORS

(2020) JELR 87470 (NICN)

National Industrial Court of Nigeria  •  NICN/LA/189 /2020  •  19 Aug 2020  •  Nigeria

Coram
Hon. Justice (Dr.) I. J. Essien

Judgement

ESSIEN J (DELIVERING THE RULING): 

RULING ON THE PRELIMINARY OBJECTION DATED 20TH JULY, 2020

The Defendant/Applicant of this preliminary objection seeks an order striking out/dismissing the suit for want of jurisdiction.

The grounds upon which the application is predicated are:-

1. That this case is an intra-union dispute which must be subjected to the provisions of part 1 of the Trade Dispute Act Laws of the Fed, 2004.

2. That the subject matter has been apprehended by the minister of Labour and Employment.

3. That the suit discloses no reasonable cause of action as it is speculative, hypothetical and academic.

4. That the suit is an abuse of court process by not qualifying to be filed and heard under the guidelines of the court 2020. 

It is his argument that by S. 2(1) of the Trade Dispute Act no person shall commence an action, the subject matter of intra-union dispute in any court of law. It is his contention that this suit ought to go through mediation, conciliation and arbitration befor…

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