THEOPHILUS KUSHIGBOR vs. A. Y. B. SALIFU & ORS

All the parties to this suit are members of the Industrial and Commercial Workers Union of the Trades Union Congress. The undisputed facts are that the ICU adopted a Constitution at its 7th Quadrennial Delegates Conference (QDC) in August 2003 by which it would govern its affairs. By Article 10 (1), a National Executive Council comprising all elected national officers, members elected based on the Union’s numerical strength in the regions; and other representative members, was to govern the affairs of the National Union ‘between Delegates Conference’. The NEC was also to conduct the business of the Union. By Article 13.3, the tenure of office of a National officer was mandatorily to be four years, although they would be eligible for reelection. Again by Article 13.2, ‘Every National Officer shall be elected at the Delegates Conference by secret ballot’. As at 1st August 2007, the NEC that came into office at the 7th QDC in August 2003 had failed to raise enough money to o...