The National Industrial Court of Nigeria (NICN), Port Harcourt Division on Monday resolved an eighth year legal dispute between the Nigeria Union of Journalists (NUJ) and some of its affiliate members in Rivers State.
Delivering judgment at Court No. 3, Justice Buhari Sani, resolved six out of eight issues in favour of the claimants, resulting in a decisive 6–2 victory against the NUJ.
The lead claimant in the case is Akpekwu Christopher Imbufe, publisher of The Southern Standard online newspaper.
The case emanated from the 2018 election of the Federated Correspondents Chapel of the NUJ Rivers State Council in which the lead claimant was disqualified on the grounds that he hadn’t the basic qualification of a national diploma in journalism or mass communication to enable him stand for election.
The claimant’s resort to the judicial process to seek redress further earned him suspension by the national secretariat of the NUJ.
However, the court in it’s judgement awarded ₦5 million in damages to the claimant and declared the eight-year suspension imposed on him as null, void, and of no legal effect.
The court upheld the validity of the then incumbent chairman of the Correspondents’ Chapel, Ernest Chinwo’s participation in the January 2018 election, noting that the NUJ constitution contains an interim provision which does not count toward official elected tenure.
The court further affirmed that the possession of a diploma certificate is a constitutional requirement for eligibility, irrespective of the course of study.
However, it emphasized that courts have limited jurisdiction in interfering with the internal affairs of unions, especially in setting professional standards.
While the court observed that, under the 2014 electoral guidelines, the lead claimant and three others might not have qualified to contest the election, it however, affirmed them as duly qualified members of the NUJ, having satisfied the fundamental entry requirements outlined in Article 3 of the NUJ constitution, which include possession of a diploma certificate, relevant (cognate) professional experience
and training in mass communication or journalism from recognized institutions
The court therefore held that the claimant possesses the foundational qualifications of a journalist.
The court in a strong pronouncement also held that the NUJ Rivers State Council and the national body have no authority to interfere in the internal affairs of chapels, except in a supervisory capacity.
The issuance of pre-election disqualification letters was declared illegal, as Article 7 of the NUJ Constitution addresses only cases of gross misconduct—not electoral eligibility disputes outside due process.
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The court dismissed the argument that the suit was merely academic, holding that the claimants established substantial injustice, supported by documentary evidence.
According to the court, the NUJ constitution does not clearly mandate the exhaustion of internal dispute resolution mechanisms before seeking judicial intervention.
This judgment has opened fresh vistas in union governance and constitutional interpretation within the borders of the NUJ
As at the time of filing this report, the NUJ had yet to react to the judgment.
