This is coming as Adamawa State Upper Area Court I has slated 16th September, 2020 for ruling on the preliminary objection raised by Shehu Sa'ad, an embattled Chairman of RATTAWU and 9 others joined in the suit as 1st to 9th Defendants Respondents.
The embattled Chairman and 9 others have raised objection through their Counsel, Gabriel C. Adikwu, questioning the jurisdiction of the Honourable Court to entertain the matter, as according to them it is the National Industrial Court that entertains such cases.
It was based on this submission that the Honourable Court presided over by Honourable John Daniel, slated 16th September, 2020, to determine whether or not the Court has jurisdiction to adjudicate on the matter.
The union found itself in a troublous situation shortly after its election when 24 Members of the Union led by Dean Peters, dragged Shehu and 9 others to Court, praying the court to declare their purported election as null and void.
Dean Peters, asked the court to declare that the North East Zonal Office of the union lacks the powers and authority to appoint members of the electoral committee for delegates conference of RATTAWU Adamawa or to oversee or conduct delegate conference or election for the state council as was purported to have been conducted.
The Plaintiffs Applicants sought for an order of the court nullifying all actions and processes such as sale of electoral forms, screening and purported election of the 23th July, 2020, conducted by the electoral committee purportedly appointed by the North East Office of RATTAWU, as the actions are unconstitutional, null, void and of no effect whatsoever.
They further prayed for an order of the court declaring vacant the office of the 1st - 8th Defendants, saying that the Defendants have served out their lawful tenure of 3 years from February, 2017 to February, 2020, as provided by the Constitution of RATTAWU.
Dean Peters and 23 others also prayed for an order of the Honourable Court directing the constitution of an interim Committee for the state council of RATTAWU pending the election of new officials to be conducted by the National Secretariat of RATTAWU as provided in the Constitution.
But addressing the Court while adopting his client's written address in reply to the notice of preliminary objection dated and filed on the 20th and 21st August today, Counsel to the Plaintiffs Applicants, Robet Agav who held brief for T. H. Shagbo, urged the Court to dismiss the notice of the preliminary objection.
Shagbo told the Court that the Defendants reply on points of law is a strange process and not known in law, arguing that the essence of replying on points of law is to reply on new issue raised by other party and not an opportunity for the applicant to re-argue his case.
He further urged the Court to discountenance the reply on points of law as it is not incompetent, saying that the law is fairly settled that what determines the jurisdiction of the Court is the plaintiff particulars of claim before it.
According to him, the claim before the Court and parties herein involved have nothing to do with trade dispute by virtue of section 48 of the Trade Dispute Act, 2004, urging the court to dismiss the objection for lacking in merit.
On his part, Counsel to the Defendants Respondents, Gabriel C. Adikwu, said that the submissions of the Plaintiffs have no basis in law for failure to support it with authorities, and prayed the Court to strike out the matter in its entirety to enable the Plaintiffs go to the Industrial Court.
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