NATIONAL INDUSTRIAL COURT DELIVERS 6–2 VERDICT: AKPEKWU CHRISTOPHER IMBUFE DEFEATS NUJ, SECURES ₦5M DAMAGES
By Emeka Amaefula
The National Industrial Court of Nigeria, Port Harcourt Judicial Division, has delivered judgment in suit number NICN/04/PHC/2018, arising from the 2018 pre-election dispute of the Correspondents’ Chapel of the Nigerian Union of Journalists (NUJ), with the court resolving six out of eight issues in favour of the claimants led by Akpekwu Christopher Imbufe.
Reacting to the judgment in a press release, Imbufe described the outcome as a major victory, stating, “For the six areas the judge gave judgment in our favor, we acknowledge that it is a big win, and the award of damages of five million naira is symbolic that we won the case.”
Justice Buhari Sani held that the matter was not academic but a live dispute, a position also highlighted by the claimants who noted, “The suit is not academic, that it is alive and so resolved in favor of the claimant.” The court rejected the defendants’ argument on the need to exhaust internal mechanisms, clarifying that such procedures apply only to professional misconduct and discipline, not pre-election matters. According to the claimants, “Internal mechanism applied only to professional misconduct and discipline of NUJ members and do not apply to pre-election matter as in this case.”
On membership qualification, the court upheld the claimants’ interpretation of Article 3(1&2) of the NUJ Constitution. Imbufe emphasized this point, stating, “The court agreed with claimants’ interpretation… that journalism or mass communication is not a mandatory registration requirement; the mandatory requirement is a diploma in any field.”
The court declared the eight-year suspension of the claimants unlawful, null, and void. The claimants welcomed this pronouncement, noting, “What this means is that claimants are free to practice journalism as the suspension is of no effect.”
In a further clarification of union powers, the court ruled that the NUJ State Council has no authority to interfere in chapel elections beyond a supervisory role. Imbufe stated, “The state’s NUJ has no business in meddling in chapel election. Their roles stop on supervision of elections.”
The court also awarded ₦5 million in damages, a development the claimants say underscores their victory.
However, the court disagreed with the claimants on two issues, including the eligibility of some claimants to contest the 2018 election based on the 2014 guidelines. Imbufe expressed dissatisfaction, stating, “We disagree with this part of the judgment because eligibility is regulated by Article 6 of the NUJ.” He added that, “Claimants are shocked that the judge made this a ground for saying that claimants… are not eligible to contest the 2018 election.”
On the tenure of Chief Ernest Chinwo, the court held that time served through a bye-election should not count toward the maximum term. The claimants also rejected this position, arguing, “The NUJ constitution did not expressly provide that a tenure that is served through bye-election should not be taken into account.”
Maintaining that the court erred in law on these aspects, Imbufe stated, “It is not the business of the court to fill gaps in the NUJ constitution.” He confirmed that their legal team has been instructed to obtain a Certified True Copy of the judgment, noting that this would enable them to “study the pronouncement of the judge and also proffer advice on the way forward.”
The claimants expressed gratitude to their supporters, saying, “We want to thank all our supporters and well-wishers for standing by us all these eight years in the course of this trial.”
—— Emeka Amaefula —-+234(0)8111813069—
