CaseLaw
Regd Trustees of NACHPON V. Medical Health Workers Union (2008) CLR 1(d) (SC)
Judgement delivered on January 11th 2008
Brief
Facts
The 1st Appellant at the Federal High Court holden in Ilorin, made an application for judicial review wherein he sought an Order of Certiorari to remove into Court for the purpose of being quashed the decision of the Respondents to register the 1st appellant, contained in a letter dated 19th February, 2003.
The Appellants sought an order of mandamus to compel the Respondents to register the union under the Trade Union Act. They asked the High Court for a declaration that it was ultra vires the powers of the Respondents to refuse the registration without following the provisions of the Trade Union Act.
The Respondents raised a preliminary objection to the application on the ground that it was incompetent and an abuse of Court process since the Federal High Court lacked jurisdiction to entertain the suit in its entirety and the Applicants lacked locus standi to institute it. The learned trial Judge however overruled the objection.
On 10/11/2003, the Medical and Health Workers Union of Nigeria applied to be joined in the application as Defendant/Respondent before judgment could be delivered on it. The Court granted the application and ordered that the Applicant be joined. After the final addresses of learned Counsel for all sides involved, the Court granted the application and held that the Applicant was entitled to the reliefs sought. The Respondents, being dissatisfied with the judgment, appealed to the Court of Appeal. The Court of Appeal set aside the decision of the High Court. Further appeals were then filed in the Supreme Court by the Applicant and the 1st and 2nd Respondents in the application before the Federal High Court.