“No Evidence Of Withdrawal Letters,” Court Upholds Automatic NUT Membership For Kwara State Teachers
The Presiding Judge, Akure Judicial Division of the National Industrial Court, Hon. Justice Kiyersohot Damulak has dismissed the case filed by Mr Aduagba Mansur and 3 others on behalf of themselves and other members of the Academic Staff Union of Secondary School, Kwara State Branch on appointment with Kwara State Teaching Service Commission) against Nigeria Union of Teachers and 4 others for lacking merit.
The Court held that Aduagba Mansur and others have failed to show that any of the members listed in the claim have opted out of the Nigeria Union of Teachers to which they all automatically belonged upon their employment as teachers.
From facts, the claimants- Aduagba Mansur and 3 others had submitted that they are not members of the NUT but members of ASSUS Kwara State Branch, but the NUT receives unauthorized deductions from the salaries of claimants into its account as check-off dues on a monthly basis against our will, consent or authorization.
Aduagba Mansur and 3 others averred that after a series of complaints, the defendants instructed them to put it in writing and they complied by denouncing the NUT in writing to the defendants, and more than four years thereafter, the Kwara State Teaching Service Commission, Commissioner For Finance, Kwara State Head of Service and Attorney General of Kwara State continued the deductions from their salaries in favour of the Nigeria Union of Teachers since 2020.
In defence, the 1st – 4th defendants- Kwara State Teaching Service Commission, Commissioner For Finance, Kwara State Head of Service and Attorney General of Kwara State maintained that there is no Trade Union registered and known as ASSUS as same is yet to be registered due to a suit pending before the Supreme Court and that the Nigerian Union of Teachers is the body that takes care of all the teachers in various institutions of learning except higher institutions.
The defendants averred that Aduagba Mansur and 3 others have not done the needful to opt out of the Trade Union that is taking care of their interest.
In addition, the 5th defendant- the Nigeria Union of Teachers argued that the 1st -4th defendants have a duty, which they have been keeping, to deduct contributions from wages of every worker who is a member of the Union.
The Nigeria Union of Teachers posited that the Academic Staff Union of Secondary School does not exist in Kwara State or anywhere in Nigeria and that most of the secondary school Teachers have written to the Union to disclaim the suit, and urged the Court to dismiss the case.
In a well-considered judgment, the presiding Judge, Justice Kiyersohot Damulak reiterated that once a claimants express in the originating process that they are suing in a representative capacity, that is prima facie evidence of authority by their group and it is only a member of the group who can dispute, intervene or challenge the proper representation or capacity in which the claimants sued.
The Court held that by virtue of the Labour Act and the Trade Unions Act, Aduagba Mansur and 3 others became automatic members of the Union upon employment and the defendants were under a mandatory duty to automatically deduct the check-off dues from their salaries and remit the same to the 5th defendant until each member of the claimants opt out of the check-off dues system.
Justice Damulak stated that the letters of withdrawal of Aduagba Mansur and 3 others who are suing on behalf of the listed 903 members are not among the exhibits tendered, and the implication is that none of Aduagba Mansur and 3 others opted out of the Nigeria Union of Teachers by writing a letter of withdrawal.
“The implication is that Aduagba Mansur and 3 others have failed to show that any of the named claimants or members listed by reason of paragraph 4 of the supporting affidavit and exhibit ASSUS 3 have opted out of the 5th defendant to which they all automatically belonged upon employment as teachers.” The Court ruled.
