Judgment on contempt case over TUC dispute reserved

Justice Rabi Gwandu of National Industrial Court (NIC), Lagos, yesterday, reserved judgment in the suit filed by Association of Senior Staff of Banks, Insurance and Financial Institutions (ASSBIFI) and nine others against the Trade Union Congress (TUC) over its 12th triennial delegates’ conference.

The judge deferred judgment after adoption of written addresses in the main originating summons and counter- responses by all parties.

Justice Gwandu, at the last sitting, deplored the flagrant disobedience of her order, which restrained TUC from holding the event pending the hearing and determination of the substantive suit.

At yesterday’s proceedings, the claimants’ counsel, Timothy Adewale, moved a pending motion filed against the defendants over disobedience of the order made by the court.

He also asked the court to commit the TUC President and Secretary General to prison for disobeying the court order, which restrained TUC from holding its 12th triennial delegates’ conference pending the hearing and determination of the substantive suit.

Adewale further referred the court to a video evidence of their 2019 conference, where the Unions resolved on how the leadership of the TUC will emerge in 2022.

After the motion on the originating summon was moved and the counter response, which was adopted by all parties, the judge adjourned for judgment.

Justice Gwandu thereafter informed the lawyers that the date for the judgment would be communicated to all the parties at a latter date.

ASSBIFI and nine other associations had filed a suit against the TUC, praying the court to declare that by virtue of the agreements and resolutions reached and ratified at the 11th triennial delegates’ conference of the defendant held on June 28, 2019, at NAF Centre, Abuja, the 1st claimant (ASSBIFI) should produce the next president of the TUC for the year 2022 to 2025.

The claimants also asked for an order, mandating and compelling the defendant to immediately enable the 1st claimant to produce and assume the office of the president of the defendant, in line with the agreement and resolutions reached and ratified at the conference.

The application was supported by a 27-paragraph affidavit deposed to by the general secretary of the Pulp Paper and Paper Products Printing and Publishing Senior Staff Association of Nigeria (PPAPPPAPSSAN), Benedict Ikegbulam.

He swore that sometimes in 2019, due to the leadership imbroglio and the intricate nature of the situation around the presidency of the TUC, members of the defendant, during its triennial delegates’ conference, constituted an electoral committee chaired by Comrade Augustine Etafo of Construction and Engineering Senior Staff Association of Nigeria and also a deputy president of the Congress to work out modalities for elections into TUC, as a way of resolving the imbroglio and saving the defendant from collapse.

He averred: “National officers’ position were harmonised with the approval of the National Executive Council of the defendant, which recommended to the defendant the order of presidency of the defendant to prevent internal crisis.

“That Food, Beverages and Tobacco Senior Staff Association of Nigeria (FOBTOB) take the position of TUC president in 2019 to 2022. That ASSBIFI take the position of TUC president in 2022 to 2025, and after the tenure of ASSBIFI, the position of the president shall be open to all members to contest, and that these recommendations were approved and ratified.

“The claimants were, however, surprised that the defendant, in preparations for the 12th triennial delegates’ conference, published a special notice, dated February 8, 2022, for positions to be contested (2022 to 2025) at the conference to include the office of the president of the TUC without any regard to the aforementioned motions adopted, ratified and already being implemented.”