FROM MEMBERSHIP RULES TO ₦5 MILLION DAMAGES: NATIONAL INDUSTRIAL COURT JUDGMENT AGAINST NUJ ENTERS CRITICAL ENFORCEMENT PHASE
Eight-Year Legal Battle Defines Membership Qualification, Election Eligibility and the Rule of Law in the Nigeria Union of Journalists
By Emeka Amaefula
With the statutory period for filing an appeal against the judgment of the National Industrial Court of Nigeria (NICN), Port Harcourt Judicial Division, delivered on 4 May 2026 drawing to a close, legal attention has shifted from the courtroom to the enforcement of the court’s orders against the Nigeria Union of Journalists (NUJ).
The landmark judgment in Suit No. NICN/PHC/04/2018, Mr. Akpekwu Christopher Imbufe & 4 Others v. Mr. Abduwahid Odusile & 8 Others, delivered by Hon. Justice Muhammad A. Hamza, brought to an end an eight-year legal battle arising from the 2018 Correspondents’ Chapel election in Rivers State. The decision has since emerged as one of the most significant judicial pronouncements on the interpretation of the NUJ Constitution in recent years.
The suit challenged the interpretation of key provisions of the 2018 Constitution of the Nigeria Union of Journalists relating to membership qualification, eligibility to contest elections, suspension of members and the powers exercisable by the organs of the Union.
After reviewing the pleadings, documentary exhibits and oral evidence, the National Industrial Court resolved most of the substantive issues in favour of the claimants led by Mr. Akpekwu Christopher Imbufe, while deciding certain issues relating to election qualification in favour of the defendants. The Court also awarded ₦5 million as damages and costs, thereby creating a judgment debt enforceable against the judgment debtors unless lawfully set aside or stayed by the Court of Appeal.
A central issue before the Court was the interpretation of Article 3 of the 2018 NUJ Constitution governing qualification for membership.
The Constitution required that registration as a member be processed by the National Secretariat upon the recommendation of the relevant State Council. It further stipulated that an applicant must possess at least a Diploma in Journalism or Mass Communication, or an equivalent diploma with cognate journalism experience obtained from a recognised institution, together with a minimum of twelve months’ working experience in a recognised media organisation.
These provisions substantially mirrored the framework established under the Nigerian Press Council Act, 1992 (as amended). Section 37 of the Act defines a journalist as a person engaged in the collection, processing and dissemination of information for publication and accredited by the Nigerian Press Council.
Section 19 of the Act further prescribes the qualifications for registration as a journalist, including recognised professional training, approved qualifications and relevant experience, while preserving a transitional provision for journalists who had acquired at least five years’ experience before the commencement of the Act. It also requires applicants to satisfy standards relating to character, age, professional competence and knowledge of national affairs.
The 2018 NUJ Constitution equally preserved eligibility for journalists who had acquired not less than five years’ professional experience before the commencement of the Nigerian Press Council Act, while providing for associate membership for veteran and freelance journalists. It also required members to subscribe to the NUJ Constitution and Code of Professional and Ethical Conduct before certification by the National Secretariat.
The Constitution empowered the National Secretariat to revoke membership obtained through false information, professional misconduct or criminal conviction, subject to a right of appeal to the National Executive Council, and expressly prohibited discrimination on grounds of sex, religion, political belief or ethnic origin.
In interpreting these provisions, the National Industrial Court drew a clear distinction between qualification for membership of the Union and qualification to contest elective office within the Union.
The Court held, in substance, that qualification for membership under Article 3 is entirely different from qualification to contest elections under Article 6 of the Constitution, and that satisfying one requirement does not automatically satisfy the other. This has become one of the most significant legal principles established by the judgment.
Accordingly, the Court examined whether the claimants met the constitutional requirements for membership under Article 3 and separately considered whether they fulfilled the additional conditions prescribed under Article 6 for contesting the Correspondents’ Chapel election.
Although the Court held that some of the claimants were not qualified to contest the particular election under the relevant electoral provisions of the Constitution, it nevertheless found that the disciplinary measures imposed on them lacked constitutional and legal foundation.
The Court consequently set aside their suspension and awarded ₦5 million as damages and costs, reaffirming the principle that disciplinary sanctions imposed outside the Constitution cannot be sustained.
Another issue attracting considerable legal attention is that while the suit was pending before the National Industrial Court, the Nigeria Union of Journalists amended its Constitution by raising the minimum educational qualification for membership from a Diploma to a Higher National Diploma (HND) or Bachelor’s Degree.
Legal analysts maintain that the amendment cannot operate retrospectively to govern disputes that arose under the earlier Constitution.
Consistent with established principles of Nigerian law, Hon. Justice Muhammad A. Hamza interpreted and applied the Constitution that was in force when the cause of action arose, namely the 2018 NUJ Constitution, which itself reflected the qualification and registration standards contained in Sections 19 and 37 of the Nigerian Press Council Act, 1992.
As the time for filing an appeal approaches expiration, another important legal issue has emerged concerning the enforceability of the ₦5 million judgment.
Under Nigerian law, the ₦5 million awarded by the National Industrial Court constitutes a judgment debt and not a voluntary donation or ex gratia payment. Consequently, the Nigeria Union of Journalists remains legally bound to satisfy the judgment in full unless the successful litigants voluntarily agree to compromise the debt or the Court of Appeal varies or sets aside the award.
Following the official visit of the National President of the Nigeria Union of Journalists, Comrade Alhassan Yahaya, to Rivers State, the claimants met on Wednesday, 29 July 2026, with the Chairman of the NUJ Rivers State Council, Paul Bazia Nasene, alongside the Chairman of the Correspondents’ Chapel, Mr. Amaechi Okonkwo, and members of his executive committee.
During the meeting, the Union presented proposals aimed at resolving the dispute with the claimants, popularly known as the Legacy Team of the Correspondents’ Chapel. The proposals included implementing the judgment on terms proposed by the Union; paying ₦3 million instead of the court-awarded ₦5 million on the grounds that the National Secretariat could only fund part of the award; requiring the suspended members to submit fresh credentials before registration or reinstatement; indicating an intention to appeal while requesting the claimants not to enter appearance in order to undermine the judgment; forfeiting all allowances accruing between January 2018 and April 2026 as a consequence of the suspension; and considering possible compensation for deceased members of the Union.
The Union further expressed the expectation that the Legacy Team would accept the proposed ₦3 million settlement in place of the ₦5 million awarded by the Court.
Legally, however, such proposals have no binding effect unless accepted by every judgment creditor. Likewise, any suggestion that the judgment will be implemented “on the Union’s own terms” has no basis in law. A judgment debtor cannot lawfully alter, reduce or qualify the express orders of a competent court. Equally, demands that successful litigants surrender rights already declared by the Court or refrain from defending an appeal in order to invalidate the judgment have no legal foundation.
Where reinstatement or restoration of rights has been ordered, only reasonable administrative procedures necessary for implementation may be adopted. Such procedures cannot lawfully be used to delay, frustrate or diminish rights already declared by the Court.
It is equally well settled that the mere filing of a Notice of Appeal does not operate as a stay of execution. Unless the Court of Appeal specifically grants an order staying execution, every order of the National Industrial Court remains valid, binding and fully enforceable.
Accordingly, the successful litigants remain entitled in law to commence enforcement proceedings to recover the ₦5 million judgment debt and compel compliance with every other order contained in the judgment should voluntary compliance not be forthcoming.
Legal practitioners further observe that where a successful litigant dies before enforcement is completed, monetary benefits arising from the judgment ordinarily survive and may be claimed by the duly appointed personal representatives or administrators of the deceased’s estate in accordance with applicable succession laws.
The judgment of Hon. Justice Muhammad A. Hamza has therefore evolved beyond a dispute arising from the 2018 Correspondents’ Chapel election in Rivers State.
It now stands as an important judicial authority on the interpretation of trade union constitutions, the distinction between membership qualification and electoral qualification, the supremacy of constitutional provisions governing voluntary associations and the obligation of every organisation, including professional unions, to obey valid and subsisting court judgments.
Unless and until the Court of Appeal sets aside, varies or stays the judgment, the decision of the National Industrial Court delivered on 4 May 2026 remains binding on all parties, and the ₦5 million awarded by the Court continues to subsist as a lawful and enforceable judgment debt under Nigerian law.
Emeka Amaefula
Journalist, Public Affairs Analyst & Publisher, THE EAR WITNESS
+234 (0) 811 181 3069
