June 1, 2011

THE JUDGEMENT OF JUSTICE M.L. SHUAIBU OF THE FEDERAL HIGH COURT KADUNA ON FINETEX/NORTEX IS NOT JUSTICE

THE PROBLEM

  • The union hereby rejects today’s (June 1, 2011) judgment of the Federal High Court Kaduna led by His Lordship, Justice M.L. Shuaibu on the case instituted by the union against the management of Finetex and Nortex Limited seeking for the settlement of their indebtedness to the union and workers’ benefits.  It is one judgment long delayed and justice denied.  Justice Shuaibu’s judgment is for the corporate debtors NOT for the poor workers of the companies.
  • The two companies are indebted to workers who are members of the union to the tune of N2.8 billion being unpaid salaries and other entitlements.  Un-remitted union dues amount to N744,079.74 in the case of Finetex Limited and N1,266,813.26 in the case of Nortex Limited.

 

JUSTICE DELAYED, JUSTICE DENIED

  • The matter commenced in 2004 under Justice M.A. Liman and was later transferred to the new Judge of the Federal High Court Kaduna, Justice M.L. Shuaibu in 2010.
  • After more than 40 sittings by previous Judge, His Lordship delivered unacceptable judgment and not justice on the matter.  His refusal to grant the union’s petition for settlement of workers’ benefits and un-remitted union dues is not acceptable.

It took the Judge 11 years to lecture on the difference between law and morality in the law court.  His belated suggestion that the union should institute a civil case in pressing for payment of workers’ benefits confirms that the difference between law and morality is not clear.  With this judgment, Nigeria’s judiciary has pushed labour to seek alternative course of justice beyond the court rooms which must include protests and mass action.

THE STRUGGLE CONTINUES

  • The union is not discouraged by this singular bad judgment.  On the contrary, we will not relent on this matter until we get justice for our members.  Even the Judge said so that we must continue with the struggle to get justice.  We have got justice in the past ironically from the same Judge in the case of Arewa Textiles Plc. We hope to pursue this case to its logical conclusion.
  • Already we have spent as much as N3m in legal fees and other related expenses on this matter. We remain resolute in our effort to get justice for our members.

COMMENDATION

  • Our greatest commendation must go to the workers of Finetex and Nortex Limited who have staked their lives for this period with all the confidence they have in the union. We commend the workers for their continuous patience and co-operation inspite of the untold hardship as a result of non-payment of their entitlements.
  • It is not yet over until all the workers are paid their legitimate entitlements.

 

Issa Aremu mni.

GENERAL SECRETARY