Nigerian Union Of Mine Workers & 9 Ors. v Registered Trustee Of Quarry Products Sellers, Marketers & Logistic Provider Association & 5 Ors.

• Judge: Hon. Justice J. D. Peters
• Judgment Date: 06 May 2020
• Respondent: Registered Trustee Of Quarry Products Sellers, Marketers & Logistic Provider Association & 5 Ors.
• Appellant: Nigerian Union Of Mine Workers & 9 Ors.
• Docket Number: NICN/IB/52/2019
• Court: National Industrial Court (Nigeria)

Introduction & Questions for Determination
1. The Claimants by their Originating Summons dated and filed on 2/8/19 approached the Court for the determination of the following questions -

1. Whether or not by the Third Schedule Part B No. 23 of the Trade Union Act, Cap. T 14, Laws of the Federation of Nigeria the nature and operational area of jurisdiction of trade of the Respondent is usurping the Claimants' area of jurisdiction of trade.
2. Whether or not the Defendants can issue tickets of whatever sum to members of the 1st and 2nd Defendants having regard to the Third Schedule Part B No. 23 of the Trade Union Act, Cap. T14, Laws of the Federation of Nigeria.
3. Whether or not the 2nd to 5th Defendants can exercise any authority on any worker engaged in extraction in any quarry or mining site in Oyo State having regard to the jurisdictional scope of the 1st Claimant as enshrined in Third Schedule Part B No. 23 of the Trade Union Act, Cap. T14, Laws of the Federation of Nigeria, 2010.
4. Whether or not the 1st Defendant can act as a Trade Union without being registered as same by the Registrar of Trade Union or other relevant authority in accordance with the Trade Union Act.

Reliefs Sought
2. Upon the determination of the questions set down above, the Claimants sought the following reliefs from the Court -

1. A Declaration that by virtue of the Third Schedule to the Trade Union Act Cap. T14, Laws of the Federation of Nigeria, the 1st Claimant is the recognised Trade Union for workers engaged n extraction of coal, metaliferous, grading and quarrying.
2. An Order of perpetual injunction restraining the Defendants, their privies or any person acting for or on their behalf from operating or disturbing the operation of the 1st and 2nd Claimants in any quarry or extraction site in Oyo State.
3. Declaration that the 2nd to 5th Defendants cannot issue tickets of whatever sum to members of the 1st and 2nd Claimants as purported members of the 1st Defendant.
4. An Order directing the 2nd to 5th Defendants who are members and executive of the 1st defendant not to issue tickets to members of the 1st & 2nd Claimants of whatever sum.
5. An Order of injunction restraining the Defendants either by themselves, servants, and or agents from intimidating, harassing, interfering, or compelling members of the 1st and 2nd Claimants to join the 1st Defendant and/or forcefully issuing tickets to members of the 1st and 2nd Claimants as purported members of the 1st Defendant.
6. An Order of perpetual injunction restraining the Defendants, their Agents, privies or anybody acting for or on their behalf from parading themselves as a trade union of workers engaged in extraction of mines and quarrying.

3. The Originating Summons was supported by a 32-paragraph affidavit deposed to by the 3rd Claimant and 2 exhibits marked Exh. A & Exh. B. While Exh. A shows copies of the ballot papers reflecting the names of 2nd to 4th Defendants as contestants conducted on 6/4/19, Exh. B is a copy of the peace accord signed by the parties to this suit. Counsel also filed a written address in support. Learned Counsel relied on all the averments in the affidavit in support, the accompanying exhibits and adopted the written address as his argument in support of the Originating Summons.

4. The brief facts upon which this Originating Summons is founded as contained in the Affidavit in Support deposed to by the 3rd Claimant are that 1st Claimant is a registered and recognised Trade Union in Nigeria and listed as No. 23 of the Third Schedule Part B of the Trade Union Act along her jurisdictional scope; that 2nd Claimant is the Oyo State Council/Chapter of the 1st Claimant; that 2nd-5th Defendants are members of the 1st and 2nd Claimants and participated in all processes leading to the emergence of the 3rd-11th Claimants as the Executive members of the 2nd Claimant; that 1st Defendant is an organisation formed by the 2nd to 5th Defendants to compete with 1st and 2nd Claimants in Oyo State after losing out in an election of the 1st and 2nd Claimants conducted on 6/4/19; that 2nd Defendant contested against the 3rd Claimant in the 2nd Claimant election conducted on 6/4/19 for the post of Chairmanship and lost to the 3rd Claimant in the said election; that the 3rd Defendant contested for the position of 2nd Vice-Chairmanship of the 2nd Claimant against the 5th Claimant in an election contested on 6/4/19 but lost; that 5th Defendant contested for the position of 1st Vice Chairmanship of the 2nd Claimant against 4th Claimant in an election conducted on 6/4/19; that 2nd-5th Defendants are members of the 1st and 2nd Claimants till date; that sometimes on 6/4/19 in an election into Executive offices of the 2nd Claimant held in which 3rd-11th Claimants emerged against the wish of the 2nd - 5th Defendants; that 3rd-11th Claimants and 2nd-5th Defendants undertook to abide by the outcome of the said election held on 6/4/19 in the interest of 1st Claimant; that sometimes on 22/7/19 the 2nd Claimant held a Unit's election at Eminent 1 Quarry along Lagos/Ibadan Expressway, Ekefa Village in which the 2nd Defendant fully participated and cast his vote for his preferred candidate at the Unit; that sometimes on 24/7/19 the 2nd-5th Defendants invaded Ratcon 2 Quarry at Ikeja Village along Lagos-Ibadan Expressway, Ibadan telling the Claimant's members that 1st and 2nd Claimants had been proscribed by the government and that the 1st Defendant association has been registered by the government to take over the activities of the Claimant from all quarries in Oyo State; that government did not proscribe the Claimant; that the activities of the 1st-5th Defendants on 24/4/19 at Ratcon Quarry caused pandemonium and the Divisional Police Officer at the Tollgate Ibadan had to intervene and advised the Defendants to maintain status quo; that 2nd-5th Defendants on behalf of the 1st Defendant on 29/7/19 proceeded to another Unit of the Claimants at Platinum Quarry to cause further trouble; that the 1st and 2nd Claimants are recognised affiliated Trade Union of Nigeria Labour Congress; that 1st Defendant is not a recognised Trade Union in Nigeria; that the 1st Claimant is the recognised Trade Union for workers engaged in quarries and extraction site; that the registration of the 1st Defendant was processed by the 2nd-5th Defendants after losing out in the 2nd Claimant's election of 6/4/19; that 2nd-5th Defendants acting on behalf of the 1st Defendant are now harassing and intimidating members of the 1st and 2nd Claimants; that 1st to 5th Defendants attempted on several occasions to issue tickets in order to control the activities of workers engaged in extraction and quarry sites; that there is need for this Honourable Court to define the jurisdiction scope of the Claimant's Union; that the interpretation by this Honourable Court of the exact law relating to activities in extraction and quarries site will meet the justice of this suit and that it will be in the interest of justice to grant the reliefs sought in the Originating Summons.

5. In his 4-page written address dated and filed on 2/8/19 learned Counsel set down a lone issue for determination thus -

Whether having regards to the Third Schedule Part B No. 23 of the Trade Union Act, the Defendants can unionize persons listed in this schedule.

6. Arguing this lone issue, learned Counsel submitted that by the provision of Trade Union Act, Nigerian Union of Mine workers are the rightful union to unionize workers engaged in extraction of coal, metalliferous and non-metalliferous ores excluding petroleum but including prospecting and preparing sites for the extraction of these ores; that also included are all supplemental operations for dressing and beneficiating ores and other crude minerals, such as breaking, milling, grinding...