By Felix Asuquo, Calabar
The National Industrial Court sitting in Calabar, Cross River State, has barred the Ikom Sand/Gravel Dredging and Tipper Union from regulating quarrying, sand and gravel dredging and tipper haulage operations in Ikom Local Government Area.
The court also declared that the Ikom Sand/Gravel Dredging and Tipper Union was not a registered trade union and lacked the legal authority to regulate the activities.
Justice Sansui Kado, Presiding Judge of the Calabar Judicial Division of the court, gave the judgment in a suit marked NICN/CA/12/2026 filed by the Union of Tipper & Quarry Employers of Nigeria against Stephen Asungha Esor, Desmond Oyongha Nsor and Bassey Ndifon Inyang.
The court recognised the claimant, the Union of Tipper & Quarry Employers of Nigeria, as the lawful trade union authorised to organise its members, regulate their terms and conditions of employment and represent their interests, including in Ikom Local Government Area.
However, the court clarified that the union’s functions did not include regulating the quarry industry, noting that such regulation was the responsibility of the government and agencies empowered by law.
The court held that the body operating as the Ikom Sand/Gravel Dredging and Tipper Union was not recognised under Nigerian law as having the authority to regulate quarrying, sand and gravel dredging or tipper haulage.
It consequently restrained the defendants, their agents, representatives and anyone operating under the name of the Ikom union from interfering with, regulating, imposing levies on or issuing directives to members of the claimant union within its jurisdiction.
The court also issued a perpetual injunction restraining the defendants from holding themselves out as the body entitled to unionise operators in sand and gravel dredging and tipper haulage under the claimant’s jurisdiction.
In addition, the court restrained any other person or association, regardless of its name, from interfering with the operations or members of the claimant union.
The court awarded N500,000 in general damages against the defendants over alleged unlawful interference, illegal levies, obstruction, harassment, assault and public opprobrium suffered by members of the claimant union.
It further awarded N20m as litigation costs and ordered 10 per cent monthly interest on the judgment debt until it is fully paid.
