The National Industrial Court of Nigeria (NICN) has delivered a decisive blow against trade union repression, ruling that the suspension and expulsion of six members of the National Union of Food, Beverage, and Tobacco Employees (NUFBTE) were unconstitutional, extra-judicial, and an act of self-help. In a strongly worded judgment, Hon. Justice (Dr.) I.J. Essien not only nullified the union’s punitive actions but also imposed N2,000,000 (Two Million Naira) in costs against NUFBTE’s leadership for violating the members’ rights.
The dispute arose when the claimants—Comrades Abiodun Philip (Ogun State Chairman), Rilwan Opaleye (Branch Chairman, Nestle Nigeria Plc), Adebayo Clement (Branch Secretary, Nestle Nigeria Plc), Abadom Amechi, Olawuwo Abiodun, and Osagu Vincent—challenged an alleged unauthorised amendment of the NUFBTE constitution. The claimants had written to the Registrar of Trade Unions, protesting the registration of the amended constitution, which they claimed was not approved by the union’s National Delegates Conference as required by the union’s rules.
Subsequently, the claimants filed Suit No. NICN/LA/189/2020, seeking judicial interpretation of the union’s constitution. While the case was pending, the NUFBTE leadership, led by Comrade Lateef Idowu Oyelekan (National President), suspended and later expelled the claimants, accusing them of anti-union activities.
Justice Essien held that the suspension and expulsion of the claimants were unlawful and violated Rule 3(iv), Rule 5(iii), (iv), (vii), and Appendix 11 4(1)(d) of the NUFBTE Constitution, which grants members the right to defend the union’s constitution and initiate legal actions against breaches.
The court particularly condemned the union’s leadership for disregarding a pending court case and taking punitive actions against the claimants while the matter was still being adjudicated. Justice Essien described the defendants’ conduct as “a reprehensible act of self-help” and an affront to judicial authority, citing previous Supreme Court decisions that prohibit parties from taking extra-judicial steps during litigation.
- Nullification of Suspension and Expulsion: The court set aside the claimants’ suspension and expulsion, declaring them null and void.
- Reinstatement of Union Positions: The 1st to 5th claimants were restored to their respective offices, including state and branch leadership roles.
- Perpetual Injunction: The defendants were restrained from hindering, suspending, or expelling the claimants for exercising their constitutional rights.
- Costs Awarded: The court ordered the defendants to pay N2,000,000 to the claimants as legal costs.
Legal Representation and Reactions
The claimants were represented by O. A. Afolabi Esq., who argued that the union’s actions were punitive and aimed at silencing dissent. In his reaction, Afolabi described the judgment as “a landmark victory for trade union democracy”, emphasising that “no union leadership can unlawfully punish members for seeking judicial redress.”
On the other side, the defendants, represented by A. A. Adeniran Esq., had contended that the claimants’ suspension and expulsion followed due process. However, the court rejected this argument, stating that the union’s actions were premature and in bad faith, given the pending lawsuit.
This judgment reinforces the NICN’s exclusive jurisdiction over trade union disputes under Section 254(C)(1)(h)(vi) of the 1999 Constitution (as amended). It also serves as a warning to union leaders against suppressing members’ rights to challenge unconstitutional actions.
Legal analysts say the ruling could set a precedent for similar cases, ensuring that union members are protected from arbitrary disciplinary measures when they lawfully question leadership decisions.
The defendants have 30 days to comply with the court’s orders. There is no indication yet whether they will appeal the judgment.
Case Details:
- Suit No: NICN/LA/430/2020
- Presiding Judge: Hon. Justice (Dr.) I.J. Essien
- Date of Judgment: June 18, 2025
- Claimants’ Counsel: O. A. Afolabi Esq.
- Defendants’ Counsel: A. A. Adeniran Esq.
Seunmanuel Faleye is a brand and communications strategist. He is a covert writer and an overt creative head. He publishes Apple’s Bite International Magazine.
