The Incorporated Trustees of the National Association of Plants Operators (NAPO) has approached the National Industrial Court in Abuja, seeking several orders, including one directing the Registrar of Trade Unions to issue a certificate of registration to represent the interests of its members—plant operators in Nigeria—without further delay.
NAPO, alongside its president, Comrade Harold Bestowe and other members, through their counsel, Ifeanyi Egwuasi, appeared before the President of the NICN, Justice B. B. Bakwaph Kanyip, on Thursday.
They sought protection from alleged victimization and urged the court to compel the authorities to grant their registration request.
In the association’s two suits, the Minister of Labour and Employment and the Registrar of Trade Unions were listed as defendants in NICN/ABJ/165/2024, while Daewoo Engineering & Construction Nigeria Limited (DECN), Saipem Construction Nigeria Limited, Nigeria Liquefied Natural Gas Limited (NLNG), the National Union of Civil Engineering Construction Furniture & Wood Workers (NUCECFWW), Civil Construction Engineering Senior Staff Association (CCESSA), Trade Union Congress of Nigeria, the Inspector General of Police (IG), and others were named as defendants in NICN/ABJ/166/2024.
Applicants’ Case
- In the matter against the Labour Minister and the Registrar of Trade Unions, the applicants urged the court to declare that, under Section 40 of the 1999 Constitution (as amended) and the International Labour Organization (ILO) Convention, NAPO is entitled to be registered as a trade union representing the interests of its members.
- They argued that this registration is valid notwithstanding the provisions of Sections 3(2) and 5(4) of the Trade Unions Act.
- The applicants also sought a declaration that NAPO members cannot be compelled to belong to any trade union or association against their wishes.
- In their suit against Daewoo, NLNG, and others, NAPO requested the court to affirm that, under Section 40 of the Constitution and ILO Convention No. 87, their members have the right to freely associate, organize, and belong to any association or trade union of their choice.
- Furthermore, the group argued that, under Section 2(1) of the Trade Unions Act, NAPO is entitled to collect subscriptions or dues from its members to actualize its registration as a trade union.
- The group also alleged that their members had been subjected to arrest, torture, “detention, and victimization” by security agents based on complaints from Daewoo, NLNG, and others due to their involvement in forming and participating in NAPO activities.
What Transpired in Court
At the resumed hearing on Thursday, A.O. Igeh, Esq., announced an appearance for the National Union of Civil Engineering Construction, Furniture, and Wood Workers, seeking to join NAPO’s suit against the Labour Minister.
This request was not opposed by the claimants.
The judge granted the application, joining the union as a third defendant in the suit.
He directed that all processes be amended to reflect the order and served on the union.
- In the second matter against Daewoo, NLNG, and others, Barrister Sunday Agaji urged the court to set aside the suit, arguing that the Nigerian Liquefied Natural Gas Limited (NLNG) was improperly included as a party.
- Saipem’s legal team also raised concerns over the competence of NAPO’s suit.
- Justice Kanyip recalled that the claimant had been directed to address the court on the competence of the suit.
- Egwuasi admitted that he had yet to formally respond but orally maintained that the suit was competent under constitutional provisions.
- He requested additional time to present a formal argument, which the judge granted, after the lawyer’s submission on fair hearing.
- The court subsequently fixed February 19, 2025, for further hearing, stating that the competence of the suit would be addressed on that date.
After the court session, NAPO’s president, Harold Bestowe, expressed optimism about the success of the suits, urging members to remain focused and united.
What You Should Know
- The National Industrial Court has exclusive jurisdiction over civil causes and matters related to labour, employment, trade unions, and industrial relations.
- This includes issues arising from the workplace, such as conditions of service, health, safety, and welfare of workers.
