For allegedly impeding its right to form, register and operate as a trade union, and arresting, torturing and intimidating its members, the National Association of Plant Operators (NAPO) has dragged the Federal Government, the Nigeria Liquefied Natural Gas Limited (NLNG), its contractors and some security agencies before the court demanding N500 billion for damages, amongst other reliefs.

According to the originating summons sighted by Kristina Reports, NAPO in suit number: SUIT NO: NICN/ABJ/165/2024 is demanding several reliefs including a declaration by the court that it has a right to form, register and operate as a trade union.  

The suit, which is before the Abuja Judicial Division of National Industrial Court of Nigeria has NAPO, its President General, Harold Benstowe, and five others, who are suing for themselves and on behalf of members of NAPO, as claimants.  

The defendants in the suit are the Minister of Labour and Employment, Registrar of Trade Unions, National Union of Civil Engineering, Construction Furniture and Wood Workers (NUCECFWW), Construction and Civil Engineering Senior Staff Association (CCESSA), and Trade Union Congress of Nigeria (TUC).

Others are the Nigeria Liquefied Natural Gas Limited (NLNG), its contractors; Daewoo Engineering and Construction Nigeria Limited (DECN) and Saipem Contracting Nigeria Limited, as well as the the Nigeria Police Force (NPF), Police Service Commission (PSC), State Security Service (SSS) and the Nigerian Army.

According to the court documents, the suit is brought pursuant to Order 3 Rule 3 of the National Industrial Court of Nigeria (Civil Procedure) Rules 2017 and under the inherent jurisdiction of the court.

The claimants are seeking the “determination of the following questions upon the proper construction of:

1. Sections 35 (1), 40, 41 (1) and 254C (1) (f) & (h) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (the “Constitution”);
2.  Articles 2, 3, 7, 8, 10 & 11 of the International Labour Organization’s Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) (“ILO C087”).
3. Sections 2 (1), 3 (2), and 5 (4) of the Trade Union Act (Cap T14 LFN 2004) (“TUA”).
4. Section 5 (3) & (4) of the Labour Act (Cap L1 LFN 2004)

1. Whether the 1st Claimant can be registered as a trade union to represent the interest of the 2nd-7th Claimants and their members who are plants operators in Nigeria.  
2. Whether the 2nd-7th Claimants and all members of the 1st Claimant have a civil right to form and join any Association or Trade Union of their choice other than the 3rd & 7th Defendants’ trade unions and any other existing Trade Unions for the protection of their interests.
3. Whether the 2nd Defendant was wrong to refuse the 1st Claimant’s application to register as a Trade Union because of the existence of the 3rd & 7th Defendants or any other existing Trade Unions.
4. Whether the 1st Defendant wrongfully impaired the ability of the 1st Claimant and its members to form and join a Trade Union of their choice by simply refusing to respond to the 1st Claimant’s appeal from the decision of the 2nd Defendant.
5. Whether the 1st Claimant as a would-be Trade Union undergoing registration can take steps that includes organizing her members in the 4th-6th Defendant organizations and any other establishments in Nigeria pursuant to the provisions of Section 2(1) TUA.
6. Whether the 1st Claimant is entitled to collect subscriptions or dues from her members for the purposes of actualizing her registration as a Trade Union.
7. Whether the 4th–6th Defendants lack the right in law to compel the 6th & 7th Claimants and all other members of the 1st Claimant to associate, join and belong to either the 3rd or 7th Defendant trade unions or and any other existing Trade Unions contrary to their wishes.
8. Whether the 6th & 7th Claimants and all the other members of the 1st Claimant have the civil right to contract out of the 3rd & 7th Defendant and any other existing Trade Unions and to stop the deduction of check-off dues from their salaries in favour of any such Trade Union.
9. Whether the 4th-6th Defendants acted unlawfully in terminating the employment of the 6th & 7th Claimants and other members of the 1st Claimant arising from their association with the 1st Claimant and in their decision to compel all their employees including the members of the 1st Claimant to sign undertakings denouncing any association with the 1st Claimant.
10. Whether the various acts of arrest, torture, detention and victimization of the 2nd, 4th, 5th, and 7th Claimants and other members of the 1st Claimant by the officers and men of the 9th–12th Defendants based on the complaints of the 3rd–6th Defendants on account of their participation in the formation and activities of the 1st Claimant’s Branch in the 4th–6th Defendants’ organizations amount to a violation of the Claimants rights.”  

Consequently, the Claimants are seeking the following reliefs to be granted them against the respective defendants:

1. A DECLARATION that the 1st Claimant is eligible to be registered as a Trade Union to represent the interest of the 2nd-7th Claimants and the other members of the 1st Claimant who are plants operators in Nigeria, notwithstanding the provision of Sections 3(2) and 5(4) of the Trade Unions Act and despite the existence of the 3rd & 7th Defendants and any other existing Trade Unions.
2. A DECLARATION that the 2nd-7th Claimants and all members of the 1st Claimant have a civil right to form and join any Association or Trade Union of their choice other than the 3rd & 7th Defendant trade unions or any other existing Trade Unions for the protection of their interests.
3. A DECLARATION that the 6th & 7th Claimants and any member of the 1st Claimant cannot be compelled to belong to the 3rd & 7th Defendants or any other Trade Union or association against their wishes and that they are entitled to contract out of the 3rd & 7th Defendants and to stop the deduction of check-off dues from their salaries.
4. A DECLARATION that the 3rd & 7th Defendants are not entitled to any check-off dues from the salaries of the members of the 1st Claimant as from 28 February 2022 having contracted out of their membership effective from that date.
5. A DECLARATION that considering that the members of the 1st Claimant contracted out of the 3rd & 7th Defendants, the 3rd & 7th Defendants have no right or authority to represent the interest of the members of the 1st Claimant in any Collective Bargaining Agreement with the 4th – 6th Defendants in respect of the Nigeria LNG Train 7 Gas Plant Construction Project in Bonny LGA, Rivers State.
6. A DECLARATION that the various acts of arrests, torture, detention and victimization of the 2nd, 4th, 5th, and 7th Claimants and other members of the 1st Claimant by the officers and men of the 9th–12th Defendants based on the complaints of the 3rd–6th Defendants on account of their participation in the formation and activities of the 1st Claimant’s Branch in the 4th–6th Defendants’ organizations is a violation of the Claimants’ constitutional rights.
7. A DECLARATION that the termination of the employment of the 6th & 7th Claimants and other members of the 1st Claimant by the 4th-6th Defendants as a result of their participation in the trade union activities of the 1st Claimant is null and void and of no effect.
8. AN ORDER OF CERTIORARI quashing the refusal of the 1st and 2nd Defendants to register the 1st Claimant as a trade union and consequently declaring same unconstitutional, unjustifiable and therefore, null and void.
9. AN ORDER directing the 1st and 2nd Defendants to register the 1st Claimant as a Trade Union and issue her with the Certificate of Registration to represent the interest of the 2nd-7th Claimants and the members of the 1st Claimant.
10. AN ORDER directing the 3rd-7th Defendants to jointly compute, render account, and pay over to the 1st Claimant, all monthly check-off dues deducted from the salaries and wages of the members of the 1st Claimant as from 28 February 2022 till the date of judgment, same to be completed and paid over to the 1st Claimant within 30 days of the Judgment of the Court.
11. AN ORDER setting aside any Collective Bargaining Agreement negotiated between the 3rd & 7th Defendants on the one part and the 4th – 6th Defendants on the other part so far as it relates to the members of the 1st Claimant in respect of the Nigeria LNG Train 7 Gas Plant Construction Project in Bonny LGA, Rivers State.
12. AN ORDER directing the 4th-6th Defendants and all other companies engaged in the Nigeria LNG Train 7 Gas Plant Construction Project in Bonny LGA, Rivers State to engage directly with the workers who are members of the 1st Claimant through the 1st Claimant or their representatives for any Collective Bargaining for their conditions of service.
13. AN ORDER directing the 4th-6th Defendants and all other companies engaged in the Nigeria LNG Train 7 Gas Plant Construction Project in Bonny LGA, Rivers State to deduct and remit to the 1st Claimant, all check of dues of her members in their employment.
14. AN ORDER directing the 4th-6th Defendants to reinstate the 6th & 7th Defendants and any of the members of the 1st Claimant whose employment were terminated on account of their participation in the formation and trade union activities of the 1st Claimant Branch in their organizations in the Nigeria LNG Train 7 Gas Plant Construction Project in Bonny LGA, Rivers State.  
15. AN INJUNCTION restraining the 4th-6th Defendants by themselves, agents, privies, servants or officers from further deducting or allowing or causing the deduction whether as check-off dues or by whatever name called, from the salaries and wages of the members of the 1st Claimant for the benefit of either the 3rd or 7th Defendants or any other existing Trade Unions.
16. AN INJUNCTION restraining the 4th-6th and 9th-12th Defendants by themselves, agents, privies, servants or officers from further acts of arrest, torture, detention and or victimization of the 2nd-7th Claimants and other members of the 1st Claimant on account of their participation in the formation and activities of the 1st Claimant union activities in the Nigeria LNG Train 7 Gas Plant Construction Project in Bonny LGA, Rivers State.
17. AN ORDER awarding damages in the sum of N500,000,000,000.00 (Five Hundred Billion Naira) only, against the 3rd-12th Defendants jointly and severally for their unlawful actions in contravention of the Claimants’ right to participate in the formation and trade union activities of the 1st Claimant in the Nigeria LNG Train 7 Gas Plant Construction Project in Bonny LGA, Rivers State.
18. SUCH FURTHER ORDERS as the Honourable Court may deem fit to make in the circumstances of this case.