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ALEX OLADELE ELUFIOYE & ORS. V. IBRAHIM HALILU & ORS.

(1993) JELR 43305 (SC)

Supreme Court  •  SC.310/1989  •  16 Jul 1993  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC OLAJIDE OLATAWURA JSC UCHE OMO JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC EMMANUEL OBIOMA OGWUEGBU JSC

Appearances
Chief F.R.A. Williams, SAN (with him, T.E. Williams and J. J. Nweze) For the Appellant; A.M.O. Obe (Mrs) (with her, O. Ochokwu and I. A. Ladejobi (Miss)) B.E. Mbagwu (with him, Y. Madariola (Miss)) For the Respondent.

Judgement

OMO, J.S.C. (Delivering the Leading Judgment): The plaintiffs in this case are members of the National Union of Banks, Insurance, Financial Institutions Employees, which Union is the 18th defendant. The 1st to 11th defendants were elected as part-time officers of the 18th defendant (hereinafter referred as "the Union" simpliciter), at its last National Delegates Conference held between 26th and 28th November 1985. The 12th defendant is a full-time national officer of the Union, its substantive Deputy General Secretary, and its Acting General Secretary with effect from 15/9/87 when the substantive holder of that office retired. The 13th to 17th defendants are Banks where the union has or is believed to have accounts.

The plaintiffs, on 1st December 1988, instituted by way of originating summons an action in the High Court of Lagos State Claiming the following refiefs:-

(i) a determination of the question whether the respective terms of office of each of the 1st-11th defendants expired …

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