The Hon. Justice Ayodele Obaseki-Osaghae of the Abuja Judicial Division of the National Industrial Court has declared that the Kaduna State Governor is not invested with the Constitutional power to establish or constitute a Judicial Commission of Inquiry into the Nigerian Labour Congress warning strike of 16th to 19th May 2021 in Kaduna State and the actions and events associated with it.

The Court further declared that the subject matter of the Terms of Reference of the Judicial Commission of Inquiry being a trade dispute is a clear usurpation of the powers of the Industrial Court and is unconstitutional.

Justice Obaseki-Osaghae held that Kaduna State Governor did not validly exercise his powers under Trade Dispute Act and it cannot be in the public welfare or interest for the Commission to have terms of reference that usurp the powers of the court; that a court is to guard the jurisdiction conferred on it by the Constitution and other laws jealously and must not be eager to divest itself of its jurisdiction, and awarded the sum of N500,000.00 in favour of the Union as costs of action.

Justice Obaseki-Osaghae granted an order Of Mandatory Injunction prohibiting the Governor of Kaduna State, Its Attorney General from setting up a Judicial Commission of Inquiry into the Nigerian Labour Congress warning strike of 16th to 19th May 2021 in Kaduna State and the actions and events associated with it and to prohibit the Judicial Commission of Inquiry purportedly established by the Governor from carrying out its unconstitutional purpose as contained in the Terms of Reference and the instrument establishing the Judicial Commission of Inquiry.

From facts, following the industrial action embarked upon by the 1st claimant- Nigeria Labour Congress in Kaduna State on May 16 – 19, 2021, the Federal Government through the Minister of Labor intervened and apprehended the dispute. A conciliation meeting was held at the conference room of the Minister of Labor where it was resolved by the parties that all the issues fall within the ambit of redundancy therefore the provisions of Section 20 of the Labour Act should apply.

The Claimants- Nigeria Labour Congress, Comrade Ayuba Wabba, Comrade Joe Ajaero, and Comrade Ayuba Sulaiman had asked amongst others for determination whether Kaduna State Governor is invested with the Constitutional power to establish or constitute a Judicial Commission of Inquiry into the Nigerian Labour Congress warning strike of 16th to 19th May 2021 in Kaduna State and the actions and events associated with it.

Their Learned SAN submitted that the terms of reference of the Judicial Commission of Inquiry show that the issues to be considered by the Commission are labour issues which is a matter domiciled within the Exclusive Legislative that the defendants are not legally or constitutionally empowered to establish or constitute a Judicial Commission of Inquiry or any Tribunal for that purpose.

He argued that having not exhausted the statutory procedure under the Trade Disputes Act, the Governor of Kaduna set up the Judicial Commission of Inquiry to usurp the powers and jurisdiction of the Industrial Court and to ambush the claimants.

In defense, the defendants- Kaduna Gov. and 11 others averred that pursuant to the powers conferred on the Governor under the Constitution and the Commission of Inquiry Law of Kaduna State, the Governor deemed it necessary to set up a Judicial Commission of Inquiry into the events leading to the loss of lives and property. That in furtherance of this, the State Judicial Commission of Inquiry was set up to investigate the events of 16 – 19 May 2021 and make appropriate recommendations to the government of Kaduna State.

The learned SAN to the State Government submitted that the instant action does not disclose any cause of action against the defendants and the NLC and 3 others lack the locus standi to initiate the action as none of their civil rights or obligations have been violated or determined that the court lacks the jurisdiction to entertain it.

Learned Senior Counsel submitted that the powers of the State Governor to set up the Judicial Commission of Inquiry donated by the Commissions of Inquiry Laws of Kaduna State is in every respect consistent with the provisions of the Constitution and do not violate the twin principles of natural justice, urged the Court to dismiss the case in its entirety.

In reply, Learned Senior Counsel to the Union submitted that the claimants’ suit as presently constituted is not premature and discloses a reasonable cause of action, capable of activating the jurisdiction of the Court, that all that is required to be shown is sufficient interest in the matter, and violation or threatened violation of civil right and obligation.

Delivering the Judgment, the Court presided by Justice Obaseki-Osaghae in its well-considered judgment dismissed the objection for lacking merit and held that NLC and 3 others have shown their civil rights and obligations are in danger of being infringed and must be accorded locus standi.

The Court maintained that Labour which is item 34 on the Exclusive Legislative list excludes State Assemblies and shuts out all other considerations such as ‘public welfare’ mentioned in Section 2 Commissions of Inquiry Law (Cap 43) in this instance and the 1999 Constitution (Third Alteration Act 2010) has conferred the court with exclusive jurisdiction over labour, employment, trade unions, Industrial relations.

Justice Obaseki-Osaghae held that it cannot be in the public welfare or interest for the Kaduna State Judicial Commission of Inquiry to have terms of reference that usurp the powers of the court, that a court is to guard the jurisdiction conferred on it by the Constitution and other laws jealously and must not be eager to divest itself of its jurisdiction.

Justice Obaskeki maintained that the constitution of the Judicial Commission of Inquiry with terms of reference to inquire into the trade dispute, and the warning strike by the claimants amounts to a usurpation of the constitutional powers of the Federal Government and the National Assembly, and to that extent, ruled that the Judicial Commission of Inquiry is illegal, unconstitutional, null and void and of no effect

The Court held that Kaduna State Government did not validly exercise his powers under Trade Dispute Act and it cannot be in the public welfare or interest for the Governor to usurp the powers of the Hon Minister of Labour where he has not delegated his powers under the Act to the appropriate State Commissioner.