Judgment
UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This interlocutory appeal is against the ruling of the National Industrial Court of Nigeria delivered on 1st November, 2018 by Sanusi Kado, J., in Suit Number: NICN/ABJ/31/2016 wherein the learned trial Judge nullified the 2nd Appellant’s National Delegates Conference and ordered committal summons to be issued against the 1st Appellant. The 1st and 2nd Respondents herein at the trial Court instituted an action by an Originating Summons filed on 27th January, 2016.
By an order of Court that pleadings be filed, the 1st and 2nd Respondents converted the originating summons into a Complaint wherein they sought inter alia; an order nullifying the expulsion of the 1st Respondent from the union; an order that the office of the president of the 2nd Appellant be declared vacant and that the 2nd Respondent be appointed to that office pending when elections would be conducted, etc. The 1st and 2nd Respondents also filed a motion for interlocutory injunction to restrain the Appellants from holding a National Delegates Conference and from conducting an election into executive positions of the 2nd Appellant at the said conference as the same will allegedly render the judgment of the Court when delivered nugatory.
The Court ordered that no party should do anything to affect or jeopardize the hearing of the application. The Appellants on 25th and 26th January, 2018 in disobedience to this Court order purportedly conducted a Delegates conference wherein it conducted elections and appointed new executives for the 2nd Appellant. Subsequently, the Court on 6th February 2018 delivered its ruling which restrained the Appellants from holding the National Delegates Conference and from conducting elections pending the determination of the substantive suit.
Meaning, the Appellant having already held the National Delegates Conference and elected new executives rendered the ruling of the trial Court on the interlocutory application nugatory. Aggrieved by this act of the Appellants, the 1st and 2nd Respondents brought an application seeking a committal order against the Appellants.
Consequently, the learned trial judge nullified the Delegates Conference of the 2nd Defendant held while there was a subsisting valid Court Order and ordered for summons to be issued against the 1st Appellant to appear before the Court to show cause why he should not be sanctioned by the Court for disobedience of a Court order. Dissatisfied with the ruling of the trial Court, the Appellants approached this Court via a Notice of Appeal dated 10th December, 2018 and filed on 11th December, 2018.
