The National Industrial Court sitting in Enugu has resolved the lingering suit between the Nigerian Union of Teachers, NUT, Edo State and the Academic Staff Union of Secondary Schools of Nigeria, ASUSS, over which of the two has the right to check-off dues/levies from teachers in primary/secondary schools in the state.

The court held that NUT’s claim that it has general right to collect check-off dues and or subscriptions from teachers, as a general right does not exist, noting that the right of the claimant to collect check-off dues or subscriptions upon which its interest should be rooted, was limited to its members.

Defendants in the suit were I. Anigala for himself and on behalf of the Incorporated Trustees of ASUSS; Edo State Post Primary Education Board; Attorney-General and Commissioner for Justice, Edo State and Edo State Government.

In his judgment, trial judge, Justice I.Ibrahim, upheld the preliminary objection raised by counsel to ASUSS. It also upheld the submission that NUT lacks the locus standi to bring the action.

“I further lift the interlocutory order of court on the funds kept in an account on the order of the court made on July 27, 2012. The suit is accordingly hereby struck out and I make no order as to cost,” the court said.

“It is only the claimant’s members that would be under an obligation to pay membership dues or subscriptions dues. Therefore, in the instant case, since the claimant is not saying that the 1st defendant has asked the 2nd defendant to deduct check-off dues or subscriptions from members of the claimant, but rather a supposed generic group termed teachers.

“It is perhaps even needless to point out that even going by the provisions of the extant law, Section 5(3)(b) of the Labour Act and Section 12 (4) of the Trade Unions Act, a member of a trade union has the right to withdraw his membership and when he does that, he cannot be made to pay contribution, or be victimized for that.

“This means that the right to freedom of association guaranteed under Section 40 of the 1999 constitution, as amended, can only make sense if such right is observed by all persons especially by trade unions registered under the Trade Unions Act such as the claimant,” the court said.

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