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The Hon. President of the National Industrial Court, Hon. Justice Benedict Kanyip, PhD, OFR has dismissed the case filed by the Incorporated Trustees of National Association of Plants Operators (NAPO) and 2 others For themselves and on behalf of members of National Association of Plants Operators (NAPO) against Minister of Labour and Employment, Registrar of Trade Unions and National Union of Civil Engineering Construction, Furniture & Wood Workers for being statute-barred.
The Court held that the Incorporated Trustees of the National Association of Plants Operators (NAPO) and 2 others cannot argue against the application of POPA to their instant case, as they slept over their rights, and have led the defendants to believe that they have waived or abandoned their right.
From facts, the claimants- Incorporated Trustees of National Association of Plants Operators (NAPO) and 2 others had prayed among others for a declaration that by the provisions of sections (sic) 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the International Labour Organisation Convention No. 87, the 1st claimant can be registered as a trade union to represent the interest of the 2nd to 4th claimants and the members of the 1st Claimant who are plants operators in Nigeria, notwithstanding the provision of sections 3(2) and 5(4) of the Trade Union.
At the Court’s sitting, the Court raised an issue suo motu as to whether the suit was not statute-barred, given especially the Supreme Court’s decision in Okoronkwo v. INEC [2025] 8 NWLR (Pt. 1991) 131, and parties, starting with the claimants, were asked to address the Court in writing on the issue.
Incorporated Trustees of National Association of Plants Operators (NAPO) and 2 others are of the opinion that the suit is not statute-barred because, despite applying for registration as a trade union since September 2013 and subsequently appealing to the Minister of Labour and Employment, who has not taken any action and, therefore, time has not started to run against them.
The Association then urged the Court to take judicial notice that a public officer who has not carried out his duties in compliance with the law is not entitled to shelter under the provisions of POPA, and that the habitual posture of the Minister of Labour and Employment to neglect appeals duly filed to his office is not compatible with the faithful discharge of his duties and cannot be used to now deprive the claimants of their rights.
In defence, the 3rd defendant- National Union of Civil Engineering Construction, Furniture & Wood Workers went on that the refusal of the Minister of Labour and Employment to register the Incorporated Trustees of National Association of Plants Operators (NAPO) as a trade union vide the letter dated 11 November 2013, is unarguably the cause of action in the instant suit and not the refusal of the 1st defendant to respond or consider the 1st claimant’s appeals.
In conclusion, the Union urged the Court to hold that the Incorporated Trustees of the National Association of Plants Operators (NAPO) suit is statute-barred and should be dismissed accordingly. That the judicial authorities relied on by the claimants in urging the Court to hold otherwise do not apply to the instant case, having regard to the circumstances of this case.
In a well-considered ruling, the Hon. President of the Court, Justice Benedict Kanyip held that Incorporated Trustees of National Association of Plants Operators (NAPO) and 2 others cannot complain that the 1st defendant did not respond to its appeal vide Exhibits D and E, as there is no evidence that Exhibits tendered were received by the 1st defendant, it cannot be that it can be said that the 1st claimant appealed against the 2nd defendant’s refusal to register it as trade union within the 30-day window given to it.
The Court held that the Incorporated Trustees of the National Association of Plants Operators (NAPO) and 2 others cannot argue against the application of POPA to their instant case, as they slept over their rights, and have led the defendants to believe that they have waived or abandoned their right.
Justice Kanyip reasoned that the argument of the Incorporated Trustees of National Association of Plants Operators (NAPO) and 2 others that in the instant case time has not begun to run in the absence of an action by the 1st defendant is not supported even by section 2(a) of POPA, which talks of “neglect” and “default”.
“It is accordingly incorrect for the claimants to advance the argument, as they did, that the present suit is not caught by the provisions of POPA since the 1st defendant has failed to act till date and there is no definite date to compute the limitation period from. Their argument cannot stand the logic of Okebu v. Delta State Judicial Service Commission & anor (supra) and Owoniyi v. Aiyewumi & ors (spurs).
“In thus filing this suit on 21 June 2024, the claimants were way out of the 3-month period that section 2(a) of POPA laid down. I so hold. Accordingly, this suit is statute-barred. I so hold.” Justice Kanyip ruled.
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