Industrial Court nullifies expulsion of 6 NUFBTE members, awards N2m penalty

The National Industrial Court of Nigeria (NICN) has ruled that the suspension and expulsion of six members of the National Union of Food, Beverage, and Tobacco Employees (NUFBTE) were unconstitutional, extra-judicial, and an act of self-help.

In a judgment delivered by Hon. Justice (Dr.) I.J. Essien on June 18, 2025, the court not only nullified the union’s punitive actions but also imposed N2,000,000 in costs against NUFBTE’s leadership for violating the members’ rights.

The dispute arose when the claimants, including Comrades Abiodun Philip (Ogun State Chairman), Rilwan Opaleye (Branch Chairman, Nestle Nigeria Plc), Adebayo Clement (Branch Secretary, Nestle Nigeria Plc), Abadom Amechi, Olawuwo Abiodun, and Osagu Vincent, challenged an alleged unauthorised amendment of the NUFBTE constitution.

The claimants had written to the Registrar of Trade Unions, protesting the registration of the amended constitution, which they claimed was not approved by the union’s National Delegates Conference as required by the union’s rules.

Subsequently, the claimants filed Suit No. NICN/LA/189/2020, seeking judicial interpretation of the union’s constitution. While the case was pending, the NUFBTE leadership, led by Comrade Lateef Idowu Oyelekan (National President), suspended and later expelled the claimants, accusing them of anti-union activities.

Justice Essien held that the suspension and expulsion of the claimants were unlawful and violated Rule 3(iv), Rule 5(iii), (iv), (vii), and Appendix 11 4(1)(d) of the NUFBTE Constitution, which grants members the right to defend the union’s constitution and initiate legal actions against breaches.

The court particularly condemned the union’s leadership for disregarding a pending court case and taking punitive actions against the claimants while the matter was still being adjudicated.

Justice Essien described the defendants’ conduct as “a reprehensible act of self-help” and an affront to judicial authority, citing previous Supreme Court decisions that prohibit parties from taking extra-judicial steps during litigation.

The court ruled as follows:

Nullification of Suspension and Expulsion: The court set aside the claimants’ suspension and expulsion, declaring them null and void.

Reinstatement of Union Positions: The 1st to 5th claimants were restored to their respective offices, including state and branch leadership roles.

Perpetual Injunction: The defendants were restrained from hindering, suspending, or expelling the claimants for exercising their constitutional rights.

Costs Awarded: The court ordered the defendants to pay the claimants N2,000,000 as legal costs.

Representing the claimants, O. A. Afolabi Esq. had argued that the union’s actions were punitive and aimed at silencing dissent. In his reaction, Afolabi described the judgment as “a landmark victory for trade union democracy,” emphasising that “no union leadership can unlawfully punish members for seeking judicial redress.”

On the other side, the defendants, represented by A. A. Adeniran Esq., had contended that the claimants’ suspension and expulsion followed due process. However, the court rejected this argument, stating that the union’s actions were premature and in bad faith, given the pending lawsuit.

The judgment reinforces the NICN’s exclusive jurisdiction over trade union disputes under Section 254(C)(1)(h)(vi) of the 1999 Constitution (as amended). At the same time, it serves as a caution to union leaders against suppressing members’ rights to challenge unconstitutional actions.

Legal analysts say the ruling could set a precedent for similar cases, ensuring that union members are protected from arbitrary disciplinary measures when they lawfully question leadership decisions.

The defendants have been given 30 days to comply with the court’s orders. However, there is no indication yet that the defendants intend to appeal the judgment.