The Industrial Court sitting in Ibadan the Oyo state capital, has held that Secondary School Teachers in Osun state lack power to withdraw their membership from the Nigeria Union of Teachers, ( NUT), DAILY POST reports.
Delivering judgment on the suit filed by some secondary school teachers in the state, Justice Faustinah Iyabode Kola-Olalere, held that the action of the teachers was unconstitutional and illegal.
The claimants: Obawole Kolawole, Ogunleye Adekunle, Fadairo Ajoke, Adefioye Adekunle, Adeniran Adewumi and Akinola Olabode, on behalf of others filed a suit against Osun state Commissioner for Justice and Nigeria Union of Teachers, which sought an order of the court to prevent the defendants from further deducting check-up dues from their salaries.
They prayed for an order declaring that continuous deduction from their salaries by the defendants was illegal and unconstitutional.
The secondary school teachers also sought declaration that Section 40 of the 1999 constitution guaranteed them to join any union of their choice, urging the court to make an order compelling the 2nd respondent, to return all monies deducted from their salaries from December 2014.
However, , Counsel to the NUT, Mr. Isaac Adeniyi, prayed the court to dismiss the suit, saying the claimants lack power to institute the case.
According to him, the claimants must be known to law and the court must have a clear picture of their body through which they are suing in a representative capacity.
“It is also required that the said body must be registered under a Trade Union Act in line with provision of Sections 2 & 45 of the Trade Union Act, before it can sue,” he submitted.
In her judgement, Justice Kola-Olalere, held that there was no endorsement of pleading before the court to show that the secondary school teachers in Osun state, who have withdrawn their membership from the NUT, is registered under union, particularly Trade Union Act.
“Even, the claimants in compliance with provision of Order 4 Rule 3 of the National Industrial Court, 2007, that they are suing on the representative capacity of a named body, the body they are representing is not known to law, neither can the court determine the exact number or identity of member of the group.
“Consequently, I hold that the complainants i.e Secondary School Teachers in Osun state that have withdrawn their membership from the Nigeria Union of Teachers is not known to law,” she resorted.
Addressing members from different local government after the judgment, the Principle State Secretary, NUT, Mr. Abdulahi Muhammad, commended the Judge for delivering her judgment without fear or favour.
He, however, called on the claimants to join the union saying, ” we still regard them as our member. They are only aggrieved. They can still come back and join us.”
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