The National Industrial Court on Tuesday struck out a suit filed by some aggrieved members of the Ogun State Council of National Union of Road Transport Workers for lack of jurisdiction.
The News Agency of Nigeria reports that the aggrieved members are challenging the legality of the conduct of the election into the various position of Ogun State Council of the NURTW by the National Executive Council of the union.
NAN reports that the aggrieved members are Haruna Adekonjo, Lukman Ajuwon, Jimoh Ajagbe, Funmilayo Odungbose, Sikiru Shoda and Jamiu Balogun.
Justice Peter Dada held that the court lacked jurisdiction to hear the suit because the claimants failed to explore internal mechanism of resolving the matter as stipulated by the union’s constitution before approaching the court.
Dada held that sections 42 sub 4 and 5 of the union’s constitution says no member has the right to institute civil suit against the union without first exploring internal mechanism of resolving the matter.
The judge said the exhibit tendered by the claimants did not satisfy the constitution of the union.
He held: “The failure of the claimants to comply with the union’s constitution before approaching the court has deprived the court the jurisdiction to hear the suit.
“The case is struck out for want of jurisdiction.”
Earlier, Counsel to the respondents, Olumide Akinbinu, had prayed the court to strike out the suit for lack of jurisdiction, adding that the claimants failed to meet the union’s constitution requirement before approaching the court.
In his reply, Counsel to the claimants, Chief Olusesan Bankole, urged the court not to grant the application of the respondents.
Bankole said the claimants had satisfied the condition of the union’s constitution by the exhibits tendered before the court.
He said the letters exhibited before the court contained the complaints the claimants made to the union’s NEC as well as the state council on the way and manner they were being treated and denied the right to get forms and other documents to be used in the election.
He said the national body of the union denied his clients the right to participate in the election conducted on December 12, 2019 into the various positions of Ogun State NURTW.
Bankole urged the court not to strike out the suit.
NAN reports that the respondents are the national executive members of the union as well as the Ogun State executives.