Hon. Justice Rabiu Gwandu of the Lagos Judicial Division of the National Industrial Court has dismissed the case filed by the Association of Senior Staff of Banks, Insurance and Financial Institutions, and Association of Senior Civil Servants of Nigeria (ASSBIFI ) and 9 Others against Trade Union Congress of Nigeria and Petroleum and Natural Gas Senior Staff Association of Nigeria, challenging the enforcement of agreements and resolutions reached and ratified at the 11th Triennial Delegates Conference held on the 28th day of June 2019 at NAF Center Abuja for lack of proof.
Justice Gwandu held that the purported agreement relied upon by the Association of Senior Staff of Banks, Insurance and Financial Institutions and Others were not tendered in evidence, and the resolution adopted via video never told the specifics of the terms of same, as the full facts are not within the purview of the Court.
However, the Court faulted the Trade Union Congress of Nigeria and Petroleum and Natural Gas Senior Staff Association of Nigeria on disobedience of court orders, and ordered them to pay N10m as penalty into the account of the Court Registrar.
Delivering judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice Rabiu Gwandu dismissed the PENGASSAN’s objections for lacking merit and berated the Counsel for referring to the bench ruling and Order of injunction granted by the Court which the Association flagrantly disobeyed as scandalous.
Justice Gwandu fumed that the defendant’s Counsel, a senior member of the Bar, should know and be privy to the fact that his statements are highly disrespectful to the Honourable Court and described such statements as uncouth and unprofessional.
Justice Gwandu ruled that the Association of Senior Staff of Banks, Insurance and Financial Institutions and Others failed to prove to the Court that when agreements are reached and same are expected to have a binding effect on parties, such agreement is reduced to paper and signed with each party being aware of its obligations to such an agreement, the resolution as seen via the video does not outline the full details of any obligations that may or may not arise from it.
The Court ordered the TUC and PENGASSAN to pay costs of 5 million Naira (N5,000,000) each as a penalty for disobeying a valid Order of Court, same is to be paid to the account of the Chief Registrar of the Court.
