Industrial Court Voids Dues Deduction Order, Awards Damages Against Hon. Minister
The Presiding Judge, Jos Judicial Division of the National Industrial Court, Hon. Justice Ibrahim Galadima has declared that Comrade Lucky Oyinbo and Rev. Samuel Adewale representing themselves and on behalf of Pensioners of Federal Parastatals of Nigerian Postal Service (NIPOST), National Institute for Policy and Strategic Studies (NIPSS), Nigeria Police Force and 5 others as Pensionable retirees of the Federal Government Parastatals enjoys constitutional liberty and freedom to form or join Trade Union of their choice.
The Court further held that the presumption by the Federal Parastatals and Private Sector Pensioners Association of Nigeria (FEPPPAN) that the National Union of Pensioners were their members without their consent is illegal null and void.
Justice Galadima declared the letter written by the Permanent Secretary and Minister of Labour and Employment to the executive secretary, Pension Transitional Arrangement Directorate (PTAD) dated 22/6/2020 for deduction of their check-off dues and to remit same to the Federal Parastatals and Private Sector Pensioners Association of Nigeria without the consent and authority of the Nigerian Union of Pensioner as illegal, null and void.
From facts, the claimants- Comrade Lucky Oyinbo and Rev. Samuel Adewale who double as the Chairman and the Secretary of the Nigeria Union of Pensioners representing themselves and on behalf of Pensioners of Federal Parastatals of Nigerian Postal Service (NIPOST), National Institute for Policy and Strategic Studies (NIPSS), Nigeria Police Force and 5 others had submitted that they were pensionable retirees and members of the Nigeria Union of Pensioners (NUP), as such their check-off dues are usually deducted by the Pension Transitional Arrangement Directorate and remitted to the Nigeria Union of Pensioners.
They averred that the Federal Parastatals and Private Sector Pensioners Association of Nigeria sent a copy of a letter dated 22/06/2020 directing the Executive Secretary of Pension Transitional Arrangement Directorate to remit deducted check-off dues of retirees of federal government parastatals and private organizations to another union is illegal.
The Chairman and the Secretary of the Nigeria Union of Pensioners stated that such directive was issued without their consent. They sought A DECLARATION that the presumption by the Federal Parastatals and Private Sector Pensioners Association of Nigeria that the claimants were their members without their consent is illegal null and void.
Likewise, a declaration that the letter written by the Permanent Secretary and Minister of Labour and Employment to the executive secretary, Pension Transitional Arrangement Directorate (PTAD) dated 22/6/2020 for deduction of check-off dues of the Pensioners and to remit same to the Federal Parastatals and Private Sector Pensioners Association of Nigeria without the consent and authority of the Nigeria Union of Pensioners is illegal, null and void, amongst others.
However, the defendants- the Minister of Labour and Employment and the Permanent Secretary, Ministry of Labour and Employment and Federal Parastatals and Private Sector Pensioners Association of Nigeria were conspicuously absent on record and unrepresented throughout the proceedings despite receiving court’s process.
The learned counsel to the pensioners, Thomas Ochigbo Esq addressed the court and applied for judgment to be entered in the suit for default of appearance in accordance with the rules of the court, and urged the Court to grant the reliefs sought in the interest of justice.
In a well-considered judgment, the presiding Judge, Justice Ibrahim Galadima restated that under the current Nigerian jurisprudential dispensation, the litigant who alleges a breach of his right or his entitlement to any legal rights or remedies in a civil suit must succeed on the strength of his evidence.
Justice Galadima affirmed that the 1999 Constitution, Labour and the Trade Unions Act consolidates the right and freedom of persons to belong to trade unions without any intimation, and no contract shall make it a condition of employment that a worker shall not join a trade union or shall relinquish membership of any trade union.
Flowing from the extant laws, the court held that the Minister of Labour and Employment and the Permanent Secretary, Ministry of Labour and Employment and Federal Parastatals and Private Sector Pensioners Association of Nigeria jumped the gun by issuing the letter which sought to redirect the treasury of the Union’s check-off dues from NUP to FEPPPAN without their consent, and awarded the sum of N2,000,000.00 as general damages against the defendants.
