The Incorporated Trustees of the National Association of Plant Operators (NAPO) and three of its officials have filed a motion on notice at the National Industrial Court, Abuja Division, seeking to consolidate legal proceedings by joining additional parties and amending their originating summons in an ongoing suit marked NICN/ABJ/165/2024.
The application, dated May 16, 2025, and filed through their legal team from Everlaw Associates, is aimed at incorporating claims and parties from a previously withdrawn sister case (NICN/ABJ/166/2024) to avoid duplicity and ensure the comprehensive adjudication of all issues in contention.
NAPO and its representatives—Comrades Harold I. Benstowe, Onyeka Chukwudi Christopher, and Christian Ifeanyichukwu Uwuamalam—are seeking to join three additional members of the association as co-claimants and nine entities, including Daewoo Engineering, Saipem Contracting, Nigeria LNG, the Nigerian Army, the Nigerian Police Force, and the Department of State Services (DSS) as defendants.
The case, which originally had the Minister of Labour and Employment, the Registrar of Trade Unions, and the National Union of Civil Engineering Construction Furniture & Wood Workers (NUCECFWW) as defendants, now seeks to bring into the fray multiple state and private actors alleged to be directly or indirectly involved in the trade union dispute.
In their motion, the applicants argue that the issues raised in both the original suit and the now-withdrawn one are so interwoven that prosecuting them separately would amount to an abuse of court process and could lead to conflicting judgments. Both suits had similar claimants and respondents, with minor variations in naming and positioning.
During a hearing on April 10, 2025, following a hint from the court, the applicants informed the court of their intention to withdraw the parallel suit and consolidate all issues under the present case. The court granted the request and struck out NICN/ABJ/166/2024, paving the way for the present motion.
The motion also seeks leave of the court to amend the earlier Amended Originating Summons to reflect the new parties and issues.
They urged the court to deem the clean copy of the further amended originating summons filed alongside the motion as duly filed and served in the interest of expediting proceedings.
The application was filed pursuant to several provisions of the National Industrial Court Rules, 2017, as well as the inherent jurisdiction of the court.
In Suit No. NICN/ABJ/165/2024, the Incorporated Trustees of NAPO alongside Comrades Harold Benstowe, Onyeka Chukwudi Christopher, Christian Ifeanyichukwu Uwuamalam, Monday Dick Mbasi, Jubril Femi Adams, and Kingsley Augustine Effiong are suing the Minister of Labour and Employment, Registrar of Trade Unions, and ten other defendants including Daewoo Engineering, Saipem Contracting, Nigeria LNG, the Nigeria Police, DSS, and the Nigerian Army.
The claimants, suing for themselves and on behalf of all NAPO members, are urging the court to declare their right to form a new union distinct from the National Union of Civil Engineering Construction Furniture and Wood Workers (NUCECFWW) and the Construction and Civil Engineering Senior Staff Association (CCESSA).
They argue that their application to register NAPO as a trade union has been unjustly denied by the Registrar of Trade Unions under pressure from existing unions, and without a response from the Minister despite their appeal.
The plaintiffs contend this denial violates their constitutional right to freedom of association under Sections 35, 40, and 41 of the 1999 Constitution, and contravenes key provisions of the ILO Convention No. 87.
Also central to the suit are allegations that several members of NAPO were arrested, detained, tortured, and victimized by security agents from the Nigeria Police, DSS, and the Nigerian Army on the instigation of the construction firms and the two unions.
The alleged infractions occurred in the context of the Nigeria LNG Train 7 Gas Plant construction project in Bonny, Rivers State.
The plaintiffs are also seeking reinstatement of workers whose employment was terminated allegedly due to their association with NAPO. They want the court to order the employers to cease all deductions of union dues on behalf of NUCECFWW and CCESSA from members of NAPO and to instead remit dues to NAPO once registered.
Specifically, the reliefs sought include: “A declaration that NAPO is eligible to be registered as a trade union.
“Orders compelling the Minister and Registrar of Trade Unions to register NAPO and issue a certificate of registration.
“Nullification of collective bargaining agreements entered into by the existing unions that exclude NAPO.
“Reinstatement of dismissed workers and payment of all check-off dues collected from them since February 2022.
“Injunctions restraining further intimidation, arrest, or deductions by any of the respondents against members of NAPO.”
The claimants rely on the Constitution, the Trade Unions Act, the Labour Act, and international conventions to assert their claims.
They argue that plant operators constitute a unique professional group with distinct needs not adequately represented by existing unions.
