Hon. Justice Emmanuel Subilim of the Abuja Judicial Division of the National Industrial Court has dismissed the suit filed by one Festus against the National Union of Electricity Employees, Nigeria Labour Congress, and Abuja Electricity Distribution Company Plc for lack of locus standi.
The Court held that the nationwide strike, which led to the disruption of electricity supply, arose from a trade dispute under the Trade Disputes Act and that only parties to such a dispute are entitled to invoke the statutory dispute resolution mechanisms provided by law.
Justice Subilim ruled that Mr Festus, being neither an employer nor a worker involved in the trade dispute, and not a rival trade union, lacks the legal standing to challenge the strike action declared by the Nigeria Labour Congress and carried out by electricity workers.
From facts, the claimant, Festus, had submitted that electricity supply constitutes an essential service under Nigerian law and that the strike embarked upon by members of the National Union of Electricity Employees was illegal, unlawful, and unconstitutional.
Festusaverred that the disruption of the electricity supply occasioned hardship and losses to him as a consumer and urged the Court to declare the strike unlawful and restrain the defendants from embarking on further industrial action.
In defence, the defendants- Nigeria Labour Congress, National Union of Electricity Employees, and Abuja Electricity Distribution Company filed an objection and averred that the strike action emanated from a trade dispute concerning employment conditions and labour matters and that Festus, not being a party to the dispute, lacks locus standi to institute the action.
Union further contended that matters arising from trade disputes are governed strictly by the statutory framework under the Trade Disputes Act and that the Court’s jurisdiction cannot be activated by a person who is not recognised under the Act. The Nigeria Labour Congress and the National Union of Electricity Employees maintained that the Trade Unions Act grants immunity to trade unions for acts done in contemplation or furtherance of a trade dispute.
In a well-considered judgment, the Presiding Judge, Justice Emmanuel Subilim, held that the strike action complained of clearly falls within the statutory definition of a trade dispute under the Trade Disputes Act.
The Court reiterated that a member of the public, not being an employer or a worker involved in the dispute, would generally lack the necessary standing to initiate an action that qualifies as a ‘trade dispute’ under the Act.
Justice Sublim found that Mr Festus lacks the standing to commence the suit under the Trade Disputes Act, and held that even if electricity services fall within essential services under Nigerian law, that fact does not confer locus standi on a member of the public to institute proceedings challenging a strike arising from a trade dispute.
The Court resolved the preliminary objections in favour of the Nigeria Labour Congress, the National Union of Electricity Employees, and the Abuja Electricity Distribution Company and held that it lacked jurisdiction to entertain the suit.
