The organised labour in a motion they filed through their lawyer averred that the case against it was liable to be struck out for want of jurisdiction and the ex-parte order set aside.
They maintained that the case by the Federal Government against them before the NIC was offensive to certain provisions of the constitution and liable to be vacated.
“This court as presently constituted lacks the jurisdictional competence to hear and determine the matter and or make any orders as regards the trade dispute {subject matter of this suit} for failure to first refer the trade dispute to the Industrial Arbitration Panel as mandated by part 1 of TDA. The union further contended for their rights to strike “under the Trade Unions Act, the Trade Disputes Act, the ILO Convention and under several international treaties the 1st Claimant/Applicant is a signatory to.”
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