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(2021) JELR 106980 (SC)

Supreme Court  •  SC.432/2014  •  15 Jan 2021  •  Nigeria

Olabode Rhodes-Vivour, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Chima Centus Nweze, JSC Amina Adamu Augie, JSC Uwani Musa Abba Aji, JSC


CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The first respondent commenced this action at the Federal High Court, Abuja through an originating summons filed on May 20, 2008, against the appellant and the third and fourth respondent. They prayed this Court to determine the scope of the powers of the third and fourth respondents with respect to the registration of a trade union in view of the provisions of Sections 3 and 5 of the Trade Union's Act.

They also prayed this Court to prevent the registration of an association known as Academic Staff Union of Secondary Schools (ASUSS) which the first respondent contends is not registrable as trade union on the ground that the first respondent, is sufficiently, representative of the class of the interested person (i.e. Secondary School Teachers) whose interest the Said ASUSS is intended to represent.

The appellants and the third and fourth respondent in their Preliminary Objections contended that the Federal High Court has no j…

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