The Police have arrested and subsequently arraigned one Comrade Nankpak Miri Njomiri, before an Abuja Magistrates’ Court, for deliberately conspiring with one Comrade Lawal Rasak, to constitute a parallel national executive of the Nigeria Union of Local Government Employees(NULGE), contrary to all existing laws.
The police have also declared Comrade Lawal Rasak, said to be at large, wanted, for same offence and arraignment before the court.
The two persons, according to First Information Report CR/49/2020, signed by a Police Inspector, Mr Orji Kalu, were charged for conspiracy and inciting disturbance, contrary to Sections 97 and 114 of the Penal Code.
The information in Chief Magistrates’ Court, Abuja charge sheet, accused both Njomiri and Lawal of arrogating to themselves the Chairman of NULGE and Secretary respectively, and also went ahead constituting state executives, knowing too well that there are valid and subsisting national and state executives in place.
Besides, the police said the accused embarked on this exercise when there is pending civil litigation on the matter and thereby committed an offence contrary to the above sections of the law.
Titled Conspiracy and inciting disturbance, contrary to Sections 97 and 114 of the Penal Code, the First Information Report read “That you Comrade Nankpak Miri Njomiri, male and Lawal Rasak, male now at large, sometimes in October 2019, at Abuja, within the jurisdiction of this honourable court, conspired to constitute yourselves as a parallel national executive of the National Union of Local Government Employees (NULGE) consequent upon which you Nankpak Miri Njomiri arrogated the position of National Chairman of the body to yourself and the position of National Secretary to Lawal Rasak, in reliance of which you also constituted parallel state executives of the body in different states of the federation, knowing full well that there is a valid and subsisting national and state executives of the body, as well as a pending civil litigation on the matter, and thereby committed an offence contrary to the above sections of the law.”
While Comrade Njomiri was said to have been arrested in Owerri, Imo State from where he was brought to Abuja for arraignment, Comrade Lawal, a former general secretary of the Union, was said to have run away, thus forcing police to declare him wanted.
Meanwhile, the National Industrial Court, Owerri Division, has earlier struck out a case filed by some alleged members of the Nigerian Union of Local Government Employees (NULGE) against the national officers of the Union.
The Presiding Judge, Owerri Division Hon. Justice Ibrahim Galadima, in his judgment, declared the matter an abuse of judicial process.
According to Justice Galadima, instituting the action as representatives of the union and seeking for the same declaration with the issue that had already been laid to rest and is purportedly one of the issues raised on appeal amounts to re-litigating.
The case was instituted by one Ekwem Chinedu, Onwuachu Henry and Ughala Ugoezi (claimants) against NULGE and its national officers.
The claimants instituted the action by way of the originating summons, questioning the tenure of the national President along with the other national officers which purportedly commenced in 2015, and the propriety of the elongation of the tenure of the officers of the union at all levels, from the constitutional four-year term to six years.
They sought for a declaration that their tenure as national union officials, ended by effluxion of time in 2019 in accordance with the NULGE constitutions.
The defendants filed a preliminary application and argued that the suit is an abuse of judicial process being that the subject matter is similar to the one instituted against them in the Abuja division of the Court and that there is an appeal against the court’s previous judgment.
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They urged the Court to strike out the case in the interest of justice.
Counsel to the Respondents submitted that the said suit in Abuja had been withdrawn and struck out and further that the earlier suits were filed by different parties to redress different grievances. The counsel thereby urged the Court to dismiss all the grounds of the preliminary objection in the interest of justice.
Delivering Ruling after careful evaluation of the submissions of both counsels, the trial Judge, Hon. Justice Galadima expressed thus: “Although I concede that the Defendants have filed a notice of appeal, it is yet to be duly entered, having not yet compiled and transmitted the records of proceedings. The question here is resolved against these Applicants the implication of which is that the existence of a pending appeal cannot impugn on the Claimants’/Respondents’ rights to institute this action, and I so pronounce.
“Therefore, for the Claimants/Respondents to now institute this action as representatives of the said union and seek for the same declaration, amounts to re-litigating the issue which had already been put to bed by this Court and is purportedly one of the issues raised on appeal.
“However, in order to enforce the portion nullifying the resolution of the SDC which is declaratory in nature, the Claimants must come by way of a writ of complaint to enforce the rights which they believe inured to these Claimants from the Court’s previous declarations.
“Giving the foregone opinions, therefore, striking out this suit is for the time being, with prejudice against these Claimants’ rights to re-institute same, and I so declare.”
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