Posts by solomon2day
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- Conflict Analyst
Interests and hobbies: Reading, Travelling and Meeting People
About the author Solomon Adewunmi attended Local Authority Primary School, 1A, Osho-Drive, Olodi-Apapa, Lagos(October 1976-June,1982), and Sinclair Grammar School(October 1982-July1985 and Ibadan Grammar School(September, 1985-June, 1987. He is a graduate of the University of Lagos, where he studied Sociology. He graduated in October, 1992. He was a reporter, Senior Reporter(News) and Assistant News Editor of The Nigerian Tribune between August 1999 and June 2002. After voluntarily resigning his position as Assistant News Editor of the Nigerian Tribune, he was hired as a Correspondent by Insider weekly magazine, a Lagos based general interest magazine. He was there from June 2002 to December, 2007. He was again hired by Scroll Nigeria, also a Lagos based weekly news magazine as a Correspondent. A position he held from December, 2007 to December, 2009. Still on the move, he was engaged by the Pulse magazine in December, 2009 as a Senior Correspondent. And in January, 2010 he was promoted Assistant Editor. He is a member Economist Intelligence Unit, Global Executive Forum, The Economist, London. Solomon is also a member of the International Association of Religion Journalists(IARJ) Solomon also possesses the following : * BBC/EC CERTIFICATE IN NEWS JOURNALISM (FEB. 2001) * CERTIFICATE IN ARTS AND CULTURE CRITICISM (NANTAP MAY 2001) * CERITIFICATE IN PEACE JOURNALISM (JUSTICE,DEVELOPMENT AND PEACE COMMISSION) *CERTIFICATE IN CONFLICT ANALYSIS[UNITED STATES INSTITUTE OF PEACE ONLINE TRAINING PROGRAMME, OCT.2004] *CERTIFICATE IN INTERFAITH CONFLICT RESOLUTION( UNITED STATES INSTITUTE OF PEACE, JAN. 2009). In addition he has the following professional awards : 1. NIGERIA UNION OF JOURNALISTS (NUJ), OYO STATE COUNCIL, REPORTER OF THE YEAR AWARD (PRINT) FOR YEAR 2000. 2. NUJ, OYO STATE COUNCIL, COURT./CRIME REPORTER OF THE YEAR, 2000. 3. COMMENDATION LETTER FROM THE BOARD OF TRUSTEES OF THE NIGERIAN MEDIA MERIT AWARD (NMMA) IN THE CATEGORY OF ERNEST SESEIIKOLI’S PRIZE FOR NEWSPAPER REPORTER OF THE YEAR 1999/2000 4. COMMENDATION LETTER FROM THE MANAGEMENT OF AFRICAN NEWSPAPER OF NIGERIA PLC. FOR EXCLUSIVE STORIES JUNE, 2000. 5. NUJ, OYO STATE COUNCIL, REPORTER OF THE YEAR 2001 6. NUJ, OYO STATE COUNCIL, INVESTIGATIVE REPORTER OF THE YEAR 2001.
Favorite quote:
Be as you wish to seem
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The true meaning of Discipleship
- By solomon2day
- On 11/01/2025
- In Update with Solomon
Why on earth do you think that, for his disciples, Jesus Christ chose a group of fishermen?
What particular qualities could they have possessed to equip them to share his ministry?
They seem to have been a close-knit group whom Jesus Christ had possibly known for some time.
But clearly, the moment when they decided to leave everything and follow him was deeply etched in their memory.
When Jesus said he would make them ''fishers of men,'' what expertise and experience could they bring to such a task?
Only Phillip was called by Jesus directly. The others came at the bidding of their friends and families.
Yet, when they found Jesus for themselves, it was as if he had been searching for them all along.
Nathaniel eventually found Jesus Christ, only to discover that Christ found him long before he recognized who it was pulling at his heartstrings.
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Good deeds
- By solomon2day
- On 07/01/2025
- In Update with Solomon
Doing good now is better than doing good later. Read Luke 23:41
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Be Prayerful
- By solomon2day
- On 02/01/2025
- In Update with Solomon
Prayers do not necessarily have to be long and eloquent.
However, it is important, that such prayers come from a sincere and humble heart.
In addition, it is also imperative that prayers are silent and straight because God hears even before we start our prayers. Read Psalm 102:17
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Govt should take a second look at the recruitment into security agencies-Comrade Emelieze
- By solomon2day
- On 27/12/2024
- In News
The Federal government has been called upon to urgently take a second look at the entire process of recruitment and training of personnel of the various law enforcement and security agencies as a step towards ensuring that the unbearable level of insecurity across Nigeria is nipped in the bud.
This call was made by the spokesperson for the Federal Workers Forum, Comrade Andrew Emelieze.
''The government should take urgent steps to carefully look into the processes of recruitment, training and postings of those in uniform as a step towards reversing the worrisome and disturbing spate of insecurity. The government should take a second look on the processes that ensured that these personnle exhibit the different uniforms of law enofrcement and security agencies.
These trained personnel of the various uniformed agencies in Nigeria have continued, without stop, to engage in forgery, perjury, extrajudicial killings and corruption in all forms among so many other absurdities.
Why is this so?
Perhaps, Illiteracy and ignorance are the two major reasons, when the leadership is found wanting, then things go absolutely wrong.
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The Upright
- By solomon2day
- On 26/12/2024
- In Update with Solomon
Many Pharisees were good and upright people, who Jesus Christ counted among his friends.
But it was those who misused religion who angered him so much, particularly when they excused unjust actions and unfair attitudes with pious platitudes.
People might be scrupulous about small details of religious observance, giving to the temple a tenth of all their produce, even to the smallest herbs.
But if they were unscrupulous in their treatment of others, Jesus condemned them in no uncertain terms.
Which sins do religious people tend to condemn most readily today?
How much prominence do we give to justice, humility, and reverence as the most important values?
How often do we speak out against hypocrisy, greed and self-indulgence ?
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Retirees are condemned when they retire early—barrister Niyi Aborishade
- By solomon2day
- On 20/12/2024
- In News
The retirement age policy of the government at all levels has pushed retirees to lead a life of condemnation.
This assertion was made by the chairman of the end-of-year party of the Radio, Television, Theatre, and Arts Workers' Union of Nigeria (RATTAWU), Broadcasting Corporation of Oyo State (BCOS) chapter, Barrister Niyi Aborishade, in Ibadan, Nigeria.
''I congratulate all of you retiring today, and I also pray that you will enjoy the world of possibilities that lies ahead. They've condemned you when you retire early. You will have nothing to do. Workers should retire at 65. I urge you to develop a comprehensive strategy on how you will spend your retirement and gratuity. You have worked hard in life, and you will enjoy the fruits of your labor.'' Barrister Aborishade stated.
Earlier in his welcome address, the union's chairman, Comrade Kola Carew, appealed to members to cooperate with the executive of the union to move it forward, saying, ''We should speak with one voice. Anything you see or hear, reach out to your leaders so that we will not derail.''
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Unfriendly policies driving Nigerians out of business—Comrade Emelieze
- By solomon2day
- On 20/12/2024
- In News
Several businesses in Nigeria have closed shop due to the harsh policies of the government.This assertion was made by the spokesperson of the Federal Workers Forum, Comrade Andrew Emelieze.
''So many businesses are no longer finding it difficult to cope with the unfriendly policies of the government but are now finding it extremely impossible to stay afloat, and the only option open to them is to close shop. The general costs of doing business in Nigeria have gone beyond the reach of millions of Nigerians. Businesses have continued to collapse, while those in government are still giving empty assurances,'' Comrade Emelieze stated.
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Syndicate steals IBEDC service wires from residence in Ibadan
- By solomon2day
- On 18/12/2024
- In News
A syndicate that specializes in the stealing of electric service wires from residential buildings now operates in Ibadan, Nigeria.
The criminal group comprising some unscrupulous elements in the Ibadan Electricity Distribution Company (IBEDC) co-opted financially indisposed individuals to give out vital information that would be of mutual benefit to both of them.
On Tuesday, 17 December, 2024, between 2:45 pm and 3:10 pm in the afternoon, a marketer and a technician, both workers of the IBEDC, stole the four service wires that supply electricity to the four apartments at No. 3 Kehinde Aderibigbe Street, Olorunsogo, Molete.
Before the ugly act, the criminals had sat down and strategized at a shoemaker's shop at No. 6.
The shoemaker had in turn entertained them.
After the act, the criminals, who brought along a ladder, made away with the stolen items while residents of the community watched with keen interest.
In recent times, cases of the theft of the DISCO's equipment and materials have become rampant.
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Backsliding
- By solomon2day
- On 12/12/2024
- In Update with Solomon
Once you become born again, avoid the temptations of backsliding.
In the present world, temptations abound; everywhere you go, it is now left for you as a true believer to resist such temptations.
Do not become an enemy of yourself; meditate on the word regularly when you notice you are treading the wrong path.
Look up to God, and painstakingly avoid looking up to man.
Resist any attempt to backslide by anyone; it could be your friends, your colleagues at your place of work, your relations, or anyone close to you.
Be steadfast. Hosea 11:7
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Underage criminals burgle residence in Ibadan
- By solomon2day
- On 12/12/2024
- In News
Young boys aged between 8 and 15 years old on Thursday burgled a residence in the Olorunsogo Molete Ibadan area of Oyo state.
The boys, led by one Imole Adewale, a junior secondary school student of Ibadan Grammar School, numbered about 12 and pretended to be playing football along Kehinde Aderibigbe Street before some of them broke into the apartments at No. 3 and made away with valuables running into hundreds of thousands of Naira.
Surprisingly, residents who own shops in and around the scene of the incident provided cover for the young criminals.
Before this time, parents and guardians in the community had repeatedly aided and abetted their children and wards in criminality.
Indeed, homosexuality, prostitution, drug addiction, and several other forms of social vices have become the order of the day as most of the young people have veered off the path of education.
Sadly, those in charge remain unperturbed despite the irredeemable damage that has been done to the young lives, even as lawlessness, indiscipline, and criminality have been adopted as daily ways of lives.
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Time as Nemesis
- By solomon2day
- On 07/12/2024
- In Update with Solomon
It is disheartening to come to terms with the fact that intimidation, threats, attacks, and manipulation are now tools of governance at all levels of government. Very strange and laughable.
Leadership has been redefined to include deceit, manipulation, and lies, among other things.
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Cultists rob pedestrian in Ibadan
- By solomon2day
- On 05/12/2024
- In News
Cultists on Thursday afternoon attacked and dispossessed a gainfully employed Nigerian of his personal belongings and valuables.
The cultists, led by one diminutive hoodlum named Okunnu, numbered about 18 and operated from an events planner's shop at the Baptist Convention shopping complex, Scout Camp Junction, Challeneg/Molete road, Ibadan, Oyo state, Nigeria.
Acting under the influence of marijuana and other illicit substances, they attacked the innocent Nigerian and made away with all he had on him.
Despite the alarm raised by the robbery victim, bystanders who were complicit cheered the criminals.
Of worry is the role played by parents and guardians in crime, even as the general belief is that an unspecified number of law enforcement agents and government officials provide material and moral support for these criminals.
This informs the increasing rate of lawlessness, indiscipline, and criminality in many communities in the state.
Sadly, the feeble efforts of the state government to deal decisively with the outlaws have so far yielded no positive result.
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The Watch Man
- By solomon2day
- On 05/12/2024
- In Update with Solomon
You have to realize that the people you pay to keep watch over you and your property can only function to the maximum of their human ability.
Their watchcare is not absolute, and therefore you must look to the greater Guardian, God, who is your keeper and your helper.
If you are lying down in your home, you will sleep securely because the God who keeps you will not slumber, nor will He allow anyone to move your feet from their resting place.
In these times, out of envy, jealousy, and hatred, men attempt to dig a pit under your feet in order to cause you to fall or in order to make you lose your position, your balance, your honor, or your office; but if you look up to God who dwells in heaven, if you trust in Him through Christ, no one will ever be able to move your feet away from security to destruction.
He will keep you as the shepherd keeps his sheep so that you do not become the prey of wolves.
Read 2 Kings 9:17
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The desire to make a positive impact behind my success: Best Overall Male Graduate Lead City University
- By solomon2day
- On 03/12/2024
- In News
On Monday, 2nd December, 2024, the chancellor of the Lead City University, Ibadan, Nigeria, Prof. B Ogunmola asserted that a true leader sets direction while emphasizing that leadership is both a responsibility and a privilege.Indeed, in Nigeria today, leadership is about illiteracy, ignorance, lawlessness, and indiscipline.
However, Prof. Ogunmola admonished the 2,312 graduates to become leaders who will uphold values, stressing that the university has equipped them with all they require to shape the world.
In this piece, the overall best male graduate of the university from the department of Medical Laboratory Sciences, Mr. Jegede Samson,Grade Point Average (GPA) of 4.92 discloses that his commitment to excellence and the support from his family, lecturers, and friends are the factors behind his success. Excerpts:
1) Motivation behind my success.
My motivation comes from a combination of personal ambition, a deep commitment to excellence, and the support I've received from my family, lecturers, and peers. I believe in setting high standards for myself and always striving to be better, not just for academic success but for personal growth. I've always been driven by the desire to make a positive impact, whether through my studies or by contributing to my community. Ultimately, my success is a result of persistence, the guidance of others, and an unwavering passion for learning.
2) Message to young Nigerians
My message to all young Nigerians will be a quote from Nelson Mandela: “The greatest glory in living lies not in never falling, but in rising every time we fall."
3) Message to the government at all levels in relation to the funding of education.
My message to the government at all levels is that education is the foundation for a nation's growth and prosperity. Adequate funding is essential to ensure that every student has access to quality education, regardless of their background or financial situation. It's not just about building schools or providing resources, but also about investing in the development of teachers, research, and infrastructure that will allow our future leaders to thrive. By prioritizing education, the government can help unlock the full potential of young people, fostering innovation, reducing inequality, and building a more prosperous society for all.
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The high standards I set are behind my success: Best Overall Graduate Lead City University
- By solomon2day
- On 03/12/2024
- In News
On Monday, 2nd December, 2024, the chancellor of the Lead City University, Ibadan, Nigeria, Prof. B Ogunmola asserted that a true leader sets direction while emphasizing that leadership is both a responsibility and a privilege.
Indeed, in Nigeria today, leadership is about illiteracy, ignorance, lawlessness, and indiscipline.
However, Prof. Ogunmola admonished the 2,312 graduates to become leaders who will uphold values, stressing that the university has equipped them with all they require to shape the world.
In this piece, the best overall graduate of the university from the department of Medical Laboratory Science, Miss Oke Gift Tolani, who has a Grade Point Average (GPA) of 4.94, opines that the high standards she set for herself saw her through the university. Excerpts:
1. Motivation Behind My Success:
My success is driven by a combination of personal ambition, a passion for learning, and the unwavering support of my family.
I have always believed in setting high standards for myself and working diligently to achieve them.
The challenges I faced along the way only fueled my determination to excel. I also drew inspiration from the desire to make a positive impact in my community and to serve as a role model for others.
2. Message to Young Nigerians:
To my fellow young Nigerians, I encourage you to pursue your dreams with tenacity and resilience. Education is a powerful tool that can transform your life and the lives of those around you. Embrace challenges as opportunities for growth, and never underestimate the value of hard work and perseverance.
Surround yourself with positive influences and seek knowledge relentlessly.
Remember, your future is in your hands, and you have the potential to achieve greatness.
3. Message to the Government at all levels Regarding Education Funding:
I urge the government to prioritize education funding as a critical investment in our nation's future.
Quality education is essential for fostering innovation, reducing poverty, and promoting sustainable development.
By investing in education, we are investing in the potential of our youth, who will ultimately drive the progress of our country.
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ASCSN crisis-The Industrial Court Judgment
- By solomon2day
- On 29/11/2024
- In Special Report
The National Industrial Court delivered judgment on the leadership crisis in the Association of Senior Civil Servants of Nigeria (ASCSN). However, members of the association are curious to know the details below:
IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN IN ABUJA
BEFORE HIS LORDSHIP: HON. JUSTICE 0.0. OYEWUMI
DATE: 9TH JULY, 2024
BETWEEN
COMRADE INNOCENT BOLA-AUDU
SUIT NO: NICN/ABJ/341/2023
AND
1. ASSOCIATION OF SENIOR CIVIL SERVANT OF
NIGERIA (ASCSN)
2. MR. ALADE BASHIR LAWAL
3. MR. TONY ETIM OKON
CLAIMANT
DEFENDANTS
REPRESENTATIONS
Babatunde Adewusi Esq with Oyindamola Bamidele Esq and Precious Patient Eze-ewere Esq for Claimant
Johnson O. Esezoobo Esq with M. M. Ayinla Esq for Defendants
JUDGMENT
1. This action was commenced by a General Form of Complaint filed on the 13" day of July, 2022, wherein Claimant prays the Court for the following
viz:
1. A DECLARATION that the Claimant is the lawful substantive
National President of the 1' Defendant.
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2. AN ORDER of the Honourable Court mandating the 1" Defendant
and all its organs to unconditional reinstate the Claimant back to his elected position as National President of the 15 Defendant with immediate effect.
3. AN ORDER of the Honourable Court mandating the 1" Defendant, its agents and privies to ensure that the Claimant serve out his elected tenure of four years without any interruption.
4. A DECLARATION that the emergency meeting of the CWC requisitioned by the 2nd Defendant and held in Lagos on the 9th of March 2021 which purportedly reached a decision that the Claimant should step aside and appointed the 3" Defendant as the Acting President to replace the Claimant is irregular, unlawful illegal void ultra-vires its powers and in contravention of the Constitution of the 1" Defendant.
5. A DECLARATION that the purported resolution passed by the CWC for the appointment or selection of the 3rd Defendant, sic (as acting President) is irregular, unlawful illegal void and ultra-vires its powers and in contravention of the Constitution of the 1s Defendant.
6. A DECLARATION that the Claimant did not violate the Constitution of the 1 Defendant nor have been found guilty of any criminal charge by NAPTIP to warrant the purported decision taken by the 1* Defendant's CWC.
7. A DECLARATION that the incidence deliberations and decision of the emergency NEC meeting held on the 16th of March 2021 which sought to affirm the decision of the CWC of the 9th of March 2021 asking the Claimant to step aside from his office as National President of the Defendant is irregular, unlawful, illegal unlawful void ultra-vires its powers in contravention of the Constitution of the 1a Defendant and in contravention of the order of the Honourable for parties to maintain status quo.
8. A DECLARATION that the incidence deliberations and decisions of the emergency NEC meeting held on Monday the 16th of August 2021 and Tuesday 17th August 2021 which sought to expel the Claimant from membership of the 1 Defendant is irregular, unlawful, illegal void and ultra-vires its powers in contravention of
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the Constitution of the 1st Defendant of the Order of the Honourable Court for parties to maintain status quo.
9. A DECLARATION that the 3rd Defendant has retired from the
Civil Service and no longer a member of the 1" Defendant. 10. A DECLARATION that by the continued stay in office of the 3rd defendant is unlawful, contrary to public policy, equity and the Constitution of the 1" Defendant.
11.AN ORDER of the Honourable Court Directing the 3rd Defendant to vacate the office of the National President of the 1s Defendant with immediate effect.
12.An injunction restraining the Defendants, agents, privies and representatives from interfering with the lawful business of the Claimant as the National President of the 1" Defendant.
13.The sum of N3, 000, 000.00 (Three Million Naira) only being the cost incurred by the Claimant for bringing of thus suit against the Defendants.
2. The case of the Claimant is that he was arrested and detained by National Agency for Prohibition of Trafficking (NAPTIP) and while in detention the 2nd defendant requisitioned an emergency meeting of the 1 defendant's Central Working Committee(CWC); where it was resolved that he step aside as the President pending the resolution of all criminal related issues brought against him by NAPTIP and appointed the 3 defendant as the Acting President and that the resolution is irregular, unlawful illegal void and ultra- vires its powers and in contravention of the Constitution of the 1" defendant. According to him he approached the Court to enforce his fundamental human rights and the Court made an order that parties should maintain status quo. That in flagrant disregard and disobedience to the order of Court, the National Executive Council of the 1" defendant eventually removed him as President illegally. He was subsequently expelled from membership of the 1 defendant illegally. Hence this suit.
3. The defendants in response filed their joint statement of defence which was amended wherein they admitted that the Claimant was National President of the defendant but was suspended and subsequently expelled from the Association. That the 2 defendant duly retired from service having attained retirement age but was thereafter appointed on contract for one year three
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months by NEC of the 1st defendant in accordance with the Conditions of service. They further averred that after the CWC of the 1st defendant examined the issue of arrest/detention of the Claimant, he was asked to step aside as President for the 3"" defendant to act as President. They also averred that the defendants did not act unlawfully in every step taken to suspend the Claimant and subsequently expelled him and that same being an internal affair, the Court has no jurisdiction to look into it. They maintained that this action ought to be dismissed.
4. Claimant opened his case by calling one Solomon Onaghinon who testified as CW1, he adopted his written statement on Oath dated 6/2/23. He was cross-examined by learned defence counsel and a document which was admitted and marked as Exhibit S was tendered through him under cross examination. One Lauretta Chinyem Amarachi equally testified as CW2 by adopting her written statement on oath of 6/2/23 as her oral evidence and was subsequently cross examined by the defence counsel. One Comrade Abba Hassan testified as CW3 by adopting his written statement on oath of 13/7/2022. He was equally cross-examined by the defendants and document admitted and marked as Exhibit Abba was tendered through him. Claimant testified as CW4 by adopting his witness statement on oath of 13/7/22 and 28/4/23 as his oral evidence and documents admitted and marked as Exhibit B1-B20 were tendered through him in his examination in chief. He was also cross examined by the learned defence counsel who tendered exhibits B21- 1324 through him. The defendants opened their case by calling one Comrade Bobboi Bala Kaigama who testified as DWI. He also adopted his written statement on 20/2/23 as her evidence in this case, Ile was subsequently cross-examined by the Claimant. The 2 defendant testified as DW2. He equally adopted his written statement on oath of 29/7/22 as his evidence in this case. Documents admitted and marked as Exhibit L-1.7 were tendered through him by the defendants. Ile was later crossed examined by the Claimant's counsel while document marked as Exhibit 1.8 was tendered through him by the Claimant.
5. After an in-depth and a careful consideration of the processes filed in this case, the submission of learned counsel to both parties and the authorities cited in support of their respective arguments, it is in the light of all this that I frame these issues for the just determination of this suit.
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1. Whether this Court is clothed with jurisdiction to entertain
Claimant's case?
2. Whether the Claimant can amend his process as he sought to do
in the Motion filed on 12/4/2024.
3. Whether the Claimant has proved his claims to be entitled to the
reliefs sought?
6. With regards to issue one, it is the contention of learned counsel for the defendants that Claimant did not comply with the provisions of Rule 40(a) and (b) of the 1st defendant's constitution which is a condition precedent to the institution of this action. According to him the rule provides a pre- condition that a Claimant as a member of the union must first comply with before approaching the Court and that failure to comply with the said pre- condition ought to oust this Court of its jurisdiction. He cited in support of his assertion the cases of Haladu v. Access Bank [2021] 13 NWLR (Pt. 1974) 434 @@ 458-459; Atolagbe v. Awumi [1997] 9 NWLR (Pt. 522) 536; Waziri v. PDP [2023] 7 NWLR (Pt. 1882) 57 @ 103-104; Oyewo v. Governor of Ekiti State [2023] 17 NWLR (Pt. 1912) 47 @ 68-69; Governor of Imo State v. Amuzie (2019) 10 NWLR (Pt. 1680) 331 @ 348-349. Learned Claimant's counsel on his own part submitted that the Court has the requisite jurisdiction to entertain and determine the issues submitted by the Claimant for determination in this suit, Ile stressed that the technical objection raised by the defendants are misconceived iterating that the days of technicalities are long gone embracing the current vogue of doing substantial justice to both parties in that cases are heard and determined on merit. He cited in support of his assertion the case of Bello v. Attorney General Oyo State [1986] 12 SC and Fawehinmi v. Akilu [1989] 3 NWLR (Pt.112) 643. It is the position of Claimants' counsel that from the issues formulated, learned defence counsel obviously failed to appreciate the case of the laimant by coming to conclusion that this action is intra union dispute. That it was the defendants who precipitated the crises in the 1 defendant when it purported to remove the Claimant from his position as National President in an unlawful manner but that it must be noted that Claimant initiated this suit after the defendants had allegedly expelled him thereby shutting him out and disconnecting him from every rights and obligation which accrue to him as a member of the 1" defendant. Which according to him, includes the right to explore internal mechanism for dispute resolution
NATIONAL INDUSTRIAL COURT
OF NIGERIA, ABUJA
prescribed by Rule 40 of the 1 defendant's Constitution, maintaining that Rule 40 does not apply to the Claimant in the instant suit because Claimant's case is unlawful interference with his lawful mandate leading to his unlawful removal without recourse to the provisions of the same constitution by members of the 1st defendant is a violation of the constitution of the 1st defendant that cannot give rise to Rule 40. He cited the case of Amasike v. The Registrar General C.A.C &Anor [2010] LPELR-456 (SC) P106-106 Paras B-D. He further submitted that by subscribing to the jurisdiction of the 1st defendant under Rule 40, the Claimant would have acquiesced on his right and by implication validated the action of the members of the 1s defendant thereby allowing the defendants to be judges in their own case. He cited in support of this assertion the case Sifax (Nig) Ltd v. Phoenix Capital Ltd & Anor [2023] LPELR-59979 (SC) and Section 15 of the National Industrial Court Act, 2006. He maintained that Claimant having been denied of his membership rights cannot be expected to explore Rule 40 of the 1s defendant's Constitution at the time this suit was instituted. He urged the Court to discountenance as well as dismiss the objection raised by the defence counsel on the basis that Claimant has failed to activate the said
Rule 40.
7. In addressing the above preliminary but germane issue, I must first say that the importance of jurisdiction in the life of a suit cannot be over emphasized; this is because it is the foundation and the blood that runs through the veins of an action without which a case cannot thrive. Thus, a Court must be shown to have the vires to entertain and adjudicate on a matter. By the locus classicus case on this subject MADUKOLU V. NKEMDILIM 1962 NSCC 374, it was held that in order for a Court to have jurisdiction to entertain an action, all these ingredients must be present: a. The Court must be properly constituted us regard numbers and qualifications of members of the bench, and no member is disqualified for one reason or another; b. The subject matter of the case is within the jurisdiction of the Court and there is no feature in the case that prevents the Court from exercising its Jurisdiction; and c. The case comes before the Court initiated by due process of the law, and upon fulfillment of any condition precedent to the exercise of jurisdiction. See; C.O.P Anambra State & Anor v. A. A. Omokhui International Ltd [2018] LPELR-48693(CA)1@ 6 purus. A; Nduul v. Wayo & Ors [2018] LPELR-45151(SC)1(a) 29-30 parus. E and;
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Petrojessica Enterprises Ltd & Anor v. Leventis Technical Co. Ltd [1992] LPELR-2915(SC)1@23-24 paras. E. Needful to state that all these preconditions must be present and the absence of any one of them will deprive the Court of the competence to entertain a suit. See Ashaka v Nwachukwu [2024] LPELR-61796(SC); Network Securities Ltd v. Dahiru [2022/14 NWLR (Pt. 1850)351@375, Paras F-G; 376, Para A; N.C.C. v. Motophone Ltd [2019/14 NWLR (Pt. 1691)1@30, Paras A-B. However, there is a clear distinction between jurisdictional incompetence which is evident on the face of the proceedings based on the provisions of an enabling statute and one which is dependent on ascertainment of facts and claims of the Claimant. Jurisdictional matters are categorized into two for the purpose of waiver and these are; substantive jurisdiction and procedural jurisdiction. None of the parties has power to waive the former and same cannot be conferred on Court by acquiescence, while the latter can be waived in law. There is no doubt that any condition for the filing of an action has a flavor of jurisdiction but matters of procedural steps such as this, fall under procedural jurisdiction which must be raised timeously in order to be heard. See: Fasade v. Babalola [2003] 11 NWLR (Pt 830) 26. This is because a defendant who submits to the jurisdiction of a Court or tribunal in spite of the defect in jurisdiction procedurally cannot because of waiver complain later. See Thiabe v. Zakari [2012/12 NWLR (Pt. 1315)517@533, Paras F- G; Ndayako v. Dantoro (2004/13 NWLR (Pt. 889)187. The defendants in this case did not at the earliest opportunity raise the issue of non-compliance with the condition precedent in Rule 40 of the 1 defendant's Constitution till when trial has commenced and the Claimant has almost concluded his case. In other words, the defendants raised this issue after they have infact, submitted to the jurisdiction of this Court.
That said, it is however, expedient at this stage to consider the stipulation of the said Rule 40 of the 1" defendant's constitution as to exploring an internal mechanism before an action in Court may be instituted by a member to see if failure of the Claimant to comply with same will affect the jurisdiction of this Court. It is clear from the said rule that the organs of the 1st Defendant that shall consider the report made by an aggrieved member with a view to using internal mechanism to resolve an intra union dispute in the 1st defendant is the Central Working Committee and the National Executive Council. The Claimant's grouse in this case and which is the subject of this
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action is the action of the Central Working Committee (CWS) suspending him from his position as the President of the Union and the subsequent act of the National Executive Council (NEC) permanently removing him from office as President of the Union and appointment of another person in his place and also his expulsion from the Union by the NEC of the 1st defendant. As such, the organs who are at the center of the Claimant's contention/grouse in this case are the ones who will consider the report in Rule 40 of the 1st defendant constitution. Section 36 (1) of the 1999 Constitution, 1999 as amended (hereinafter referred to as "the Constitution) encompasses the twin pillars of justice, namely: "(a) Audi alteram partem (hear the other party). (b) Nemo judex in causa sua (Do not be a Judge in your own cause. As such, it is a standing principle of our jurisprudence that no one can be a Judge in his own cause expressed in the latin maxim; Nemo Judex in causa sua. To expect that Claimant ought to have complied with Rule 40 of the 1st defendant in which case his report of the dispute herein would have to be considered by the CWC and the NEC whose actions brought about the dispute in the first place will be a negation of some of the very well-known principles/tenet upon which our common law is founded. Of great and utmost concern is that such will be a total derogation of one of the major pillars of the principles of natural justice; where it is not allowed for one to be a Judge in his own case. See Federal University Of Agriculture, Makurdi & Ors v. Adaiponu [2021] LPELR-54772(CA)1@ 44-46 paras. B; Agbubiaka 2. First