Strike:Industrial Court Stops Judiciary Staff

The National Industrial Court sitting at Abuja has issued orders restraining the Judiciary Staff Union of Nigeria (JUSUN) Enugu State Branch and all those they represent from embarking on any form of industrial action regarding their duties as employees in the State Judiciary, pending the hearing of the motion on notice brought against them by the Attorney-General of the state.

  In the order, dated 3rd of August, 2010, the Presiding Judge of the Court, Hon Justice B.B. Kanyip also directed all parties in the suit and all those they represent to maintain the peace, pending the hearing and determination of the motion on notice.

  The Presiding Judge, Hon Justice B. Kanyip and the Deputy Chief Registrar, Mr. John Targema, who signed the order, also directed that the motion on notice and all the originating processes in the case are to be served on the respondents.

   The judge also ordered that the  file be sent to the President of the Court empanel the Judges that will hear and determine the motion on notice and the substantive action on a date that they be stipulated.

  The court order follows an application, affidavit and written address in a suit No. NIC/EN/09/2010 brought before it by the Litigation Secretary in the State Ministry of Justice, Enugu State, Charles Udeh, dated 23rd July, 2010 against the defendants (JUSUN), its State Chairman and Secretary, Comrade C.O. Okonkwo and Mr. M.N. Mamah.

  In the Exparte application, the claimant and Litigation Secretary sort an interim injunction restraining the 1st respondent (JUSUN), 2nd and 3rd respondents from carrying out the threat of proceeding with and embarking upon industrial action from Monday 16 August 2010 or as from any other date until they complied with all the procedure/conditions regulating the calling and settlement of industrial or labour dispute in the country.

   The application was based on the Trade Dispute Act Cap 18, 1 EN 2004, which in section 18 makes it unlawful for a worker to take part in any industrial action in connection with any trade dispute where inter alia the procedure specified in sections 4 and 6 of the Trade

Disputes Act has not been complied with in relation to the dispute.