The Presiding Judge of the Awka Judicial Division of the National Industrial Court, Hon. Justice John Targema has declared that the continued occupation of office by Dr. Anthony and Deacon Emmanuel as Chairman and Secretary of the Nigeria Union of Pensioners (NUP), Anambra State Council is illegal, unconstitutional, null and void, and of no legal effect.
Justice Targema ordered Dr. Anthony and Deacon Emmanuel to refund the sum of N4.66m illegally deducted from the check-off dues of the Awka South Branch and to pay all outstanding dues due to members of the branch forthwith.
The Court ordered the Anambra State Government, through the Head of Service responsible for labour matters, to appoint a Caretaker Committee to oversee and conduct a fresh election into the offices of the Nigeria Union of Pensioners Anambra State Council in accordance with the Union’s Constitution and applicable election rules.
Justice Targema granted an order of perpetual injunction, restraining Dr. Anthony and Deacon Emmanuel to cease from parading themselves as Acting Chairman and Secretary of NUP Anambra State Council or exercising any powers, functions, or authorities of those offices, until they are duly elected or constitutionally appointed in accordance with the Union’s Constitution.
From facts, the claimants, Dr. Ezeh, Comrade Eugene, Comrade Patrick, and Comrade Mike had submitted that they were unlawfully disqualified from contesting the Awka South Branch election that the election guidelines issued were inconsistent with the Constitution of the Nigeria Union of Pensioners, that the election was aborted due to irregularities, and that a caretaker committee was illegally constituted thereafter.
Dr. Ezeh and others further contended that Dr. Anthony and Deacon Emmanuel had been parading themselves as Acting Chairman and Secretary of the Nigeria Union of Pensioners, Anambra State Council, without constitutional backing, that no valid election was conducted after the expiration of the tenure of the previous executive, and that check-off dues belonging to the Awka South Branch were unlawfully withheld and deducted.
In defense, the defendants, Dr. Anthony, Deacon Emmanuel, and others averred that Dr. Ezeh and others lacked locus standi to institute the action, that the suit was premature for failure to exhaust internal dispute resolution mechanisms under the Nigeria Union of Pensioners Constitution, and that the Nigeria Union of Pensioners as a juristic person was not joined as a necessary party.
The defendants argued that the appointments of Dr. Anthony and Deacon Emmanuel were validly made and confirmed by the National Executive Committee, that the disqualification of Dr. Ezeh and others was based on zoning arrangements and allegations of misconduct, and that the caretaker committee was lawfully constituted to prevent a vacuum in leadership, and urged the Court to dismiss the case.
In opposition, counsel to Dr Ezeh and others, C.K. Ezeaku Esq. with Uchenna Obieze Esq. submitted that their clients action was properly instituted in a representative capacity and, that internal remedies were sufficiently invoked through petitions to the State and National organs of the Union, and that the actions of Dr Athony and others were unconstitutional, ultra vires and in breach of the NUP Constitution.
In a well-considered judgment, Hon. Justice John Targema held that Dr Ezeh and others possess sufficient locus standi to institute the action and that the representative capacity in which the suit was brought is competent as the grievances complained of affect the Awka South Branch collectively and the reliefs sought are beneficial to all members.
The Court held that the non-joinder of the Nigeria Union of Pensioners does not render the suit incompetent as the rules of the Court permit adjudication of the rights of parties before it, and the defendants, being officers of the Union, can be held accountable for acts done in violation of the Union’s Constitution.
Justice Targema further held that the continued occupation of office by Dr. Anthony and Deacon Emmanuel was not supported by any valid election or constitutional process and therefore their actions in that capacity were ultra vires, unlawful, and without legal effect.
The Court held that the disqualification of Dr Ezeh and others from the Awka South Branch election was carried out without due process, without proper notice, and in violation of the Constitution and election guidelines of the Union, rendering the disqualification unlawful.
The Court also stated that the caretaker committee constituted for the Awka South Branch was founded on a procedurally flawed and invalid electoral process and declared same as illegal and of no legal consequence.
Justice Targema held that Dr Ezeh and others have successfully proved their entitlement to the declaratory, injunctive, and monetary reliefs sought, having established through credible evidence that their rights were violated and that Dr Anthony and others acted outside the bounds of the Nigeria Union of Pensioners Constitution.
