IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE PORT HARCOURT JUDICIAL DIVISION

HOLDEN AT PORT HARCOURT.



BEFORE HIS LORDSHIP: HONOURABLE JUSTICE Z. M. BASHIR.



Dated: 3rdday of March, 2020 SUIT NO: NICN/PHC/17/2019



BETWEEN:

1. THE REGISTERED TRUSTEES OF AKELSLAU DRIVERS

ASSOCIATION PORT HARCOURT

2. ENGR. ABAZU ONYEDIKACHI ELVIS---------------------- CLAIMANTS



AND



1. NATIONAL UNION OF ROAD TRANSPORT WORKERS (NURTW)

PORT HARCOURT BRANCH

2. EJEKWU IHIEJIRIKA IBE

3. OGUN CHARLES

(DPO ELELENWO POLICE STATION)

4. COMMISSIONER OF POLICE

RIVERS STATE POLICE COMMAND------------------------ DEFENDANTS



Representations:

N. C. Wombu for the Claimants.

M.O. Nwabali for the Defendants.


The foregoing claim is considered in the light of the declaration made by this court that the Claimants have the right to form an association of their choice and the members of same are free to join the said association without any form of oppression or intimidation or interference from the Defendants so long as the activities of the Claimants are within the ambit of the law. This court also holds firmly that no person is to be compelled to join any association or trade union as the membership of such association or trade union must be voluntary. This right is subject to other provisions of the law such as enactments by the State or simply regulations on who can form a toll gate on the road and collect money from the road users, otherwise, the society will turn chaotic when everyone begins to sell tickets on the road.

Consequent upon the position of the law and the grant of reliefs 1 to 3, this court is inclined to restrain the Defendants from compelling the Claimants’ members to join the NURTW or any other trade union or association which they do not wish to join. The said relief 6 is consequently granted as prayed.

In the final analysis, the sole issue for determination is largely resolved in favourof the Claimants and the case of the Claimants is found to be meritorious in the extent to which the reliefs 1,2,3 and 6 have been granted while same lacks merit in the extent to which reliefs 4 and 5 have failed and have been refused.

Judgment is accordingly entered.

I make no order as to cost.

…………………………………………………………

HON. JUSTICE Z. M. BASHIR

JUDGE.
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Judgment Delivered by Hon. Justice Z. M. Bashir at NICN- PortHarcourt Judicial Division on 2020-03-03 Between THE REGISTERED TRUSTEES OF AKESLAU DRIVERS ASSOCIATION PORT-HARCOURT & ORS -VS- NATIONAL UNION OF ROAD TRANSPORT WORKERS PORT- HARCOURT & 3 ORS. Click the Link below to Read

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