Judgment
UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The National Industrial Court of Nigeria Per Sanusi Kado, J., delivered a judgment on 25th October, 2019 in suit number: NICN/ABJ/31/2016 wherein the learned trial Judge entered judgment in favour of the 1st and 2nd Respondents. The 1st and 2nd Respondents herein at the trial Court instituted the 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 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 Appellant from holding a National Delegates Conference and from conducting an election into executive positions of the 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 and determination of the application. The Appellant with some of her executives in disobedience to the Court order on 25th and 26th January, 2018; conducted a National Delegates conference wherein it conducted elections and appointed new executives for the Appellant and amended the constitution of the Appellant.
Subsequently, the Court on 6th February, 2018 delivered its ruling which restrained the Appellant 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 Appellant, the 1st and 2nd Respondents brought an application seeking for an order nullifying the election of the Appellant and a committal order against the Appellant. Consequently, the learned trial Judge nullified the Delegates Conference and election of the Appellant held while there was a subsisting valid Court Order and ordered for summons to be issued against the president of the Appellant to appear before the Court to show cause why he should not be sanctioned by the Court for disobedience of a Court order.
