By Ozioruva Aliu
BENIN CITY- THE Court of Appeal has dismissed a case filed by the Nigerian Union of Teachers(NUT), challenging the rights of secondary school teachers to establish the Academic Staff Union of Secondary Schools (ASUSS) as a professional body and trade union across the states of the federation.
A copy of the judgement made available to Vanguard in Benin City by counsel to ASUSS, Barr Olayiwola Afolabi said the Appellate Court sitting in Makurdi, Benue State also awarded a cost of N100,000 against NUT.
In the unanimous judgement by Justice Onyekachi Aka Otissi, the appellate court aligned with the ASUSS’ preliminary objection because the suit was an abuse of court process and that the parties were wrongly joined.
He noted that “there must be an end to litigation on a particular issue and it was honourable for the appellants to obey the previous decisions of the court on the matter rather than raising it afresh as if nothing had ever happened on the same issue”.
The Court said the decision of the Appeal Court sitting in Jos, Plateau State capital, on the same subject matter, where it dismissed the same for the failure of the NUT to file its brief of argument on time can only be reversed by a higher Court and not a Court of coordinate jurisdiction.
The judgment said Afolabi, had in his preliminary objection argued that the suit of NUT was improper as it was an abuse of court process following a previous decision of a higher court in connection with the matter.
Olayiwola also submitted that it was the board of trustees that should have been joined as defendants and not individuals listed by the appellants.
Recall that in 2002, the secondary school teachers in Nasarawa state had approached the High Court in Lafia in Suit no NSD/ LF/9/2002 to challenge the Nigeria Union of Teachers, NUT that it had no right to deduct check-off dues from their hard-earned salaries having withdrawn from the body and joined the then Conference of Secondary School Teachers(COSST).
On November 27, 2003, the High Court gave judgement in favour of the plaintiff and ordered NUT to stop deducting dues from the salaries of secondary school tutors who were now members of COSST.
Consequently, the NUT filed an appeal against the judgment at the Court of Appeal Jos, Plateau State, but the said appeal was dismissed for failure of NUT to file their brief of argument which was dismissed.
On the 7th of February, eight years after the Nasarawa High Court delivered the judgement, the plaintiff/Appellant, Nigeria Union of Teachers filed another action at the newly created National industrial court claiming that the ASUSS had no power to collect check-off dues from their members without referring to the judgement of the high court which barred the NUT from interfering into the affairs of secondary teachers now represented by the ASUSS.
Source: Vanguard News
- Wei Ye Oteng explains Daddy Lumba’s longevityMusic producer Wei Ye Oteng has urged the current crop of musicians and those who aspire to be counted among music legends to emulate Daddy Lumba, stressing that the highlife great has been relevant ...[Read more]
- Burna Boy Reacts As Sowore challenges Him To Join The #RevolutionNow ProtestPopular singer, Burna Boy has responded after convener of the #RevolutionNow movement, Omoyele Sowore challenged him to join and protest against President Muhammadu Buhari’s government on forthcoming ...[Read more]
- #RevolutionNow: Sowore Challenges Burna Boy To Join The ProtestNigerian activist and politician, Omoyele Sowore has endeavored popular singer, Burna Boy to join in on the #RevolutionNow protest. Sowore challenged the singer to the title of a ‘revolutionary ...[Read more]
- Sarkodie gives credit to Shatta Wale, Stonebwoy, others in Major Lazer documentaryGhanaian rapper and entrepreneur Michael Owusu Addo known as Sarkodie has given praise to most Ghanaian artistes including Shatta Wale and Stonebwoy for coming together to put Ghana on the map ...[Read more]
- Albert Haynesworth arrested on domestic assault charge after incident with ex-girlfriendCLEVELAND, Tenn. — Former Tennessee Titans All-Pro defensive lineman Albert Haynesworth was arrested Monday after he was accused of threatening and yelling at his ex-girlfriend and her new boyfriend. ...[Read more]
- Michigan man fatally shot after argument in line at haunted houseA Michigan man was fatally shot and his attacker is on the loose after the pair is believed to have had an argument while standing in the line to get into a Detroit haunted house, police said. The ...[Read more]
- What a surprise! See what fans did for Mercy Eke on of her birthday.It was such an amazing birthday for the BBNaija star on her birthday as her friends gathers to donate two lots of land at Lekki on her birthday on 27th. She could not hide her excitement as she was ...[Read more]
- Woman who went missing 2 years ago discovered alive at seaIn a survival saga for the ages, a Colombian woman who had fallen off the grid two years ago was miraculously discovered alive at sea by flabbergasted fishermen. Video of her dramatic rescue has ...[Read more]
- “I Don’t Trust None Of You”, Burna Boy Blasts SoworeBurna Boy (source: Instagram) Nigerian Grammy Awards nominee, Burna Boy, has taken a dig at a former presidential candidate, Omoyele Sowore on social media. The singer in response to a tweet from ...[Read more]
- Ulta takes 20 percent off top-selling beauty products during Fall Haul saleThere’s no such thing as having too many beauty products. And now you can max out your collection during Ulta’s annual Fall Haul event. The sale is taking up to 20% off all of your favorite beauty ...[Read more]
- Marines in North Carolina warned not to jog at night because of coyote attacksAfter at least four coyote attacks, Marines at Camp Lejeune, North Carolina, are being advised against jogging in the Wallace Creek area of the base at night. An official in the game warden’s office ...[Read more]
- ‘Lion King’ sequel officially in the works with director Barry JenkinsThe “Circle of Life” continues for Disney’s hit, “The Lion King.” A little over a year since releasing the hugely profitable CGI reboot of the 1994 animated classic, Walt Disney Studios has confirmed ...[Read more]
- Stream It Or Skip It: ‘Inherit the Viper’ on Hulu, a Painfully Generic Josh Hartnett-led Crime-DramaNow on Hulu, Inherit the Viper is a Josh Hartnett vehicle, which is a phrase I haven’t used in a long, long time. In this gritty drama, the Lucky Number Slevin star plays an Oxycontin dealer in the ...[Read more]
- ‘Love Island’: It’s Final Date Night for The Last Four Couples in This Exclusive ClipAfter weeks packed with high-drama episodes and some shocking summer TV moments, Season 2 of Love Island USA is finally coming to an end. But it’s not over just yet — the CBS reality dating show ...[Read more]
- Pay our tax, Lagos Internal Revenue tells LayconFunny as it seems, Nigerians and mostly Lagosians took out laughs as Lagos Internal revenue congratulates BBNaija winner Laycon asking him to pay his tax in a hilarious manner. Many Nigerians have ...[Read more]
Join The Discussion👇🏾
- on BBNaija: See What Nengi Found Under Her Bed That Ozo Left For Her A very big love
- on “I Can’t Remember When I Had A S3kz With Any Man, So I Didn’t Know I Was Pregnant ” – 17-year-old Girl Whose Newborn Was Allegedly Buried Alive Claims The traditional healer in whose Hafsat spent months in his house shoul…
- on FG cries out, says IPOB bent on destroying Nigeria THE LASTING SOLUTION TO NIGERIA IS UNITED STATE OF BIAFRA PERIOD .BUHA…
- on IPOB warns of continuous killing of members by security operatives Well for me ipob is for freedom
- on FG cries out, says IPOB bent on destroying Nigeria Are You sleeping when kanu said he will destroy Nigeria with truth. If…
- on ‘I Feel Beautiful When I Do Braids’- Tiwa Savage Reveals As She Shows Off New Hairstyle (PHOTO) Timeless beauty ageless too she is always pretty
- on BBNaija: “Ozo’s Family Doesn’t Want Nengi”- See What His Sister Posted Online That Got People Talking What ozo sister did is wrong. Why would she say that forgetting that N…
- on Breaking!!! Kanu Promises to Drop Biafra Agitation on One Condition Rape: (Apart from people who rape with occuitic power with small girl…
- on #BBNaija: “I’m a big fan, this guy sweet die” – Mercy Eke gushes over Prince (Video) Med oooo🤨🤨🤨😁😁🤣🤣🤣🤣
- on Laycon Finally Makes Housemates Understand Why He Wears Sweater And Socks 24/7 And It’s Heartbreaking- See Reactions From Nigerians Aww sorry laycon