Justice Nelson Ogbuanya, of the Port-Harcourt Division of the National Industrial Court, has ruled on a case brought against the Corporate Affairs Commission (CAC).
The judgement on Tuesday was in respect to a suit marked NICN/PHC/48/2022.
The court held that the CAC lacks the legal authority to register organizations as Incorporated Trustees with aims & objectives of a Trade Union.
Background
This decision stemmed from a case ( filed by the Maritime Workers Union of Nigeria against the Incorporated Trustees of Freight Forwarders Transport Association, their Trustees, and the Corporate Affairs Commission.
The Maritime Union contended that breakaway members formed a rival association with conflicting objectives and obtained CAC registration.
Also, the Maritime Union alleged that the new association’s aims & objectives directly clashed with their established trade union activities, causing disruptions at Onne Port.
The conflict escalated with demands for check-off dues, ticket disputes, and even an intrusion into the Maritime Union’s office, resulting in a tumultuous altercation among the rival members.
In response, the defendants, comprising the Incorporated Trustees of Freight Forwarders Transport Association and others, defended their actions, emphasizing the lawful registration by the CAC.
Their argument rested on the premise that, having adhered to the regulatory process, the new association could legitimately pursue its aims & objectives.
They also during the court proceedings challenged the Maritime Union’s claims and disputing the court’s jurisdiction.
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Court’s Decision
Justice Ogbuanya, in his judgment, dismissed the jurisdiction objection, citing Section 45 of the Trade Union Act.
The Judge held that the defendant association did not qualify for registration as an Incorporated Trustee, considering the conflicting aims & objectives with the operational area of the Maritime Union.
The issued Certificate of Incorporation by the CAC did not authorize the defendant to perform the duties of the Claimant trade union.
Justice Ogbuanya held the CAC accountable for overlooking legal requirements, leading to clashes and chaos at the Onne port.
The Court awarded N10 Million in damages against the defendant union for the unlawful invasion of the Claimant union’s office and N1 million in costs in favor of the Maritime Workers Union of Nigeria.