Court Dismisses NUT’s Suit Challenging Formation Of ASUSS »

Attempt by the Nigerian Union of Teachers (NUT) to strip the rival Academic Staff Union of Secondary Schools (ASUSS) of formal recognition has failed as the court dismissed the suit.

Comrade Sola Adigun, the Ekiti State chapter of ASUSS, told newsmen in Ado-Ekiti, the Ekiti State capital, that the Appellate Court sitting in Makurdi, Benue State in the verdict awarded a cost of N100,000 against NUT.

In the copy of the judgement made available to newsmen in Ado Ekiti the court described the suit filed by NUT as an abuse court process.

In the unanimous judgment the Appellate Court in the Appeal registration number CA/ MK/18/12/018, Justice Onyekachi Aka Otissi, aligned with the ASUSS’ preliminary objection on the grounds that the suit was an abuse of Court process and that the parties were wrongly joined .

Justice Onyekachi noted that “there must be end to litigation on a particular issue and it was honourable for the appellants to obey the previous decisions of the court on the matter rather than raising it afresh as if nothing had ever happened on the same issue”.

The Court said the decision of the Appeal Court siting in Jos, Plateau State capital, on the same subject matter, where it dismissed same for failure of NUT to file its brief of argument to time can only be reversed by a higher Court and not a Court of coordinate jurisdiction .

During argument, Counsel to ASUSS, Mr Olayiwola Afolabi ,had in its preliminary objection argued that the suit of NUT was improper as it was an abuse of court process following a previous decision of a higher court in connection with the matter.

Olayiwola also submitted that it was the board of trustees that should have been joined as defendants and not individuals listed by the appellants.

In 2002, the secondary school teachers in Nassarawa state had approached the High Court in Lafia in Suit no NSD/ LF/9/2002 to challenge the Nigeria Union of Teachers, NUT that it had no right to deduct check-off dues from their hard-earned salaries having withdrawn from the body and joined the then Conference of Secondary School Teachers(COSST).