Abuja---Hon. Justice Sanusi Kado of the National Industrial Court sitting in Abuja has struck out the suit filed by Alh. Suleiman Lateef and 5 others against Comrade John Obeh and two others for lack of legal capacity
The court held that claimants failed to establish their Trusteeship or being financial members of the Union, and failed to convince the Court of their right to sue in respect of the reliefs claimed before the Court.
The claimants has asked amongst other for a declaration that the purported conduct by Comrade John Obeh and Uko Iwaudofia at the Delegates Conference of National Association of Scrap and Waste Dealers Employers of Nigeria (NASWDEN) and election held on 3/09/2018 was in violation of the Constitution of the Association and contravention of the Directive of the Hon. Minister of Labour and Employment.
Upon being served, Comrade John vide a notice of preliminary objection prayed Court to strike out the suit for lack of jurisdiction on the ground that the Claimants lacks locus standi and further that the claimants were neither re-appointed nor returned as trustees and executive member of the union.
In opposition, counsel to the claimants, Obong Israel, Esq stated that the claimants' positions and tenure in the union are not by election, that they are active financial members and have interest in the association, that the actions and conducts of the defendants threatened the interest and right of all members of the union.
Delivering the ruling, the trial Judge, Justice Sanusi Kado expressed that the issue of locus standi does not depend on the success or the merit of the case but on whether the party suing has or sufficient interest or legal right in the subject matter of the dispute.
"The Claimants have averred that they are financial members of the union, but they have not tendered or exhibited any evidence showing their financial commitment or contribution to the Union to qualify them to be bona fide members of the union with rights and obligations of a member of the Union.
"This failure or neglect on part of the Claimants/Respondents to show evidence of their financial contribution has debunked the Claimants position that they are financial members of the Union, as such cannot be established by mere assertion, it has to back up by concrete evidence of such contribution which they have not proved." Justice Kado