Eric Ikhilae
The National President of Road Transport Employers Association of Nigeria (RTEAN), Eriyo Osakpamwan, has asked the National Industrial Court of Nigeria (NICN) to reject a suit filed by the Musa Mohammed faction of RTEAN.
Osakpamwan, in a notice of preliminary objection filed on October 16, averred that Mohammed faction’s suit was incompetent, because, among others, it abused the process of court.
He contended that since there was a similar suit marked NlCN/ABJ/275/2019 involving the same parties, and in which the court had granted an interim order restraining parties, it was an abuse for Musa and others to file another suit on the same issue.
Osakpamwan, particularly, prayed the court for: “An order striking out the suit for want of jurisdiction to entertain, hear and determine the suit, same being an abuse of court process.
“An order striking out the suit for want of jurisdiction to entertain, hear and determine the suit as the 2nd to 35th claimants have no locus standi to file the suit.”
He averred that the court, on September 20, 2019, granted an interim order restraining Musa Mohammed and six others, together with their servants and agents from further parading themselves as RTEAN officers, in the suit marked: NlCN/ABJ/275/2019.
He added: “While the suit is still pending and the interim orders still subsist, the said Musa Mohammed and other defendants in the suit – NlCN/ABJ/275/2019 – gathered the named claimants herein and declared himself the acting National President and Henry Ejiofor as the General Secretary of the 1st plaintiff.
“It is this action which was carried out in contempt of the orders of this honourable court that the claimants herein field this suit to enforce.
“The 1st claimant (RTEAN), having obtained the orders restraining the named defendants in suit No. NICN/ABJ/275/2019 and their agents {2nd to 35th claimants herein} for parading themselves as its officers, cannot turn around and file this present suit asserting the opposite.’’
It continued: “The 2nd (Mustapha Jibrin) to the 35th (Bunu Mstapha) claimants have no authority and consent of the National Executive Council of the 1st claimant to file this suit with the name of the 1st claimant.
“This suit is an abuse of court process and contempt of court. The 2nd to 35th claimants lack the locus standi to file this suit, as none of them is seeking for the position at the National President of the 1st claimant or General Secretary of the 1st claimant.
“By the constitution of the 1st claimant, the deponent of the entire affidavits in support of claimants’ originating summons and affidavit in support of motion on notice does not have the authority to depose to the said affidavits.
“The cause of action in suit No: NICN/ABJ/275/2019 and the cause of action in the present suit is the same. The reliefs sought in this suit and the ones sought in suit: NICN/ABJ/275/2019 are the same.
“Suit No: NICN/ABJ/275/2019 which was filed before the present suit, still subsists and the interim orders granted therein are still subsisting.”
At the last hearing in the case on October 17, the court ordered the parties to maintain the peace pending the determination of the case.
The court adjourned until November 13 or December 16, this year, depending on the court’s schedule.
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