By Ife Osemedua
365Daily – The National Industrial Court has declared the Judicial Commission of Inquiry set up by Kaduna State Governor, Nasir el-Rufai, into the Nigeria Labour Congress (NLC) strike unconstitional, null, void and of no effect.
Justice Osatohanmwen Obaseki-Osaghae,said this in a judgment delivered on Thursday, June 9, 2022.
She stated that the governor lacked the power to set up the commission of Inquiry to investigate the strike of May 16 to May 19, 2021 and the activities that emanated from it.
The court also stated that although the governor could set up a Commission of Inquiry, it was not the type that bordered on labour dispute.
It added that the terms of reference listed to be carried out by the Commission was ultra vide to the right of the claimants.
The court noted that it was the governor who constituted the Commission, appointed its members, and also directed that its findings and recommendations be sent to him, making him a judge in his own matter.
Furthermore, judge ruled that going by sections 6 and 254 of the 1999 constitution (as amended) and sections 20,36 and 40 of the Trade Union Act, only the National Industrial Court had the jurisdiction to entertain matters related to labour and trade disputes.
She, therefore, prohibited the Commission from carrying out its mandate of investigating the said strike and awarded the sum of N500,000 to the claimants.
In the suit as co-defendants are the Attorney General of the State, Kaduna State Judicial Commission of Inquiry, Justice Ishaq Bello, AVM Rabiu Dabo, Mr Eyo Ekpo and Mrs Joan Jatau-Kadiya.
Other defendants are Dr Nasirudeen Usman, Malam Mohammed Aliyu, Daniel Enwelum, SAN and Barr. Musa Kakako, as chairman, secretary and members of the Commission respectively.
The claimants – the Nigeria Labour Congress (NLC), Ayuba Wanna, Joe Ajaero and Ayuba Suleiman, from their statement of facts, had submitted that the cause of action emanated from labour dispute of anti-worker policies which led to the actions and events that birthed the warning strike of May 16 to May 19, 2021.
The claimants also stated that earlier, the Governor of Kaduna had on January 4, 2021, issued a directive to restructure and reform the Civil Service of Kaduna, with the aim of reducing its workforce.
They further submitted through their counsel, Femi Falana, SAN that they embarked on the strike to protest the termination of employment and involuntarily retirement of some of their members.
The union leaders in addition averred that the Federal Government through the Minister of Labour and Productivity stepped in and called for reconciliation.
They said that in resolving the issue, a Memorandum of Understanding was signed by parties to the effect that the strike would be called off and no persons that took part in it would be victimised.
The claimants disclosed that a Committee was also set up and was meant to revert to the minister before the governor set up another Commission to investigate the activities of the same strike.
They therefore urged the court to interpret whether the first defendant can set up Commission of Inquiry to look into a trade dispute.