The National Industrial Court sitting in Lagos has dismissed a suit seeking to invalidate the February 2017 National Delegate Conference of the National Union of Civil Engineering, Construction, Furniture and Wood Workers held in Asaba, Delta State.
In a judgment delivered by Hon. Justice Elizabeth A. Oji, the Court held that the claimant, Comrade Adeniyi, failed to establish any breach of the union’s constitution or prove that he was unlawfully excluded from contesting the elections conducted at the conference.
Comrade Adeniyi, a former Vice President and financial member of the union, had challenged the legality of the conference, alleging that the process leading to it violated the union’s governing rules. He also claimed he was wrongfully denied access to nomination forms and prevented from contesting in the election, describing the alleged exclusion as a violation of his rights as a union member.
On that basis, he sought declaratory and consequential orders nullifying the conference and the elections conducted therein.
In response, the union and other defendants denied any wrongdoing. They maintained that all relevant organs of the union functioned properly and that the conference’s date and venue were duly approved by competent bodies. The defendants further stated that nomination forms were made available at the union’s headquarters and state offices.
They contended that Comrade Adeniyi was not nominated by his State Council, a prerequisite for eligibility, and therefore could not validly contest. According to the defendants, he merely attended the conference as a member of the National Executive Council (NEC).
In her judgment, Justice Oji held that the claimant failed to specifically identify any provision of the union’s constitution that was breached or demonstrate how the conference was conducted in violation of established rules.
The Court also found that Comrade Adeniyi did not successfully rebut the defendants’ evidence that nomination forms were available and that his inability to contest stemmed from his State Council’s failure to nominate him.
Having failed to prove constitutional breaches or unlawful exclusion, the Court refused the reliefs sought, dismissed the suit in its entirety, and made no order as to costs.