Case: Owojecho Omoha & Anor. v. Academic Staff Union of Universities (ASUU) & Anor.
Suit No.: NICN/ABJ/362/2025
Court: National Industrial Court of Nigeria, Abuja Judicial Division
Judge: Hon. Justice O. Y. Anuwe
Date of Judgment: 13 October 2026
Representation:
- P.A. Onu for the Claimants &
- H. Bala with Abubakar Suleiman for the Defendants
The National Industrial Court of Nigeria, Abuja Judicial Division, has dismissed a suit instituted by Owojecho Omoha and Nicholas Ebehikalu against the Academic Staff Union of Universities (ASUU) and its University of Abuja Branch over the tenure of branch executives and eligibility requirements for elective offices within the Union.
The Claimants challenged the continued stay in office of the branch executives following the expiration of their tenure on 24 April 2025, as well as constitutional provisions restricting eligibility to contest certain national and branch offices.
They contended that the provisions imposed discriminatory restrictions on members and sought, among other reliefs, a declaration that the tenure extension was impermissible under the Union’s Constitution and that their suspension from membership was null and void.
The Defendants opposed the suit, maintaining that the Union’s Constitution did not permit the dissolution of incumbent executives except upon the successful conduct of an election and the assumption of office by newly elected officers.
They also argued that the eligibility requirements were binding on members and that the Claimants had failed to exhaust the Union’s internal grievance-resolution mechanism before approaching the Court.
Issues and Determination
On the question of tenure extension, the Court held that the Union’s Constitution contemplated the dissolution of incumbent executives upon the successful conclusion of an election. Since the branch election had been disrupted and subsequently suspended by the Union’s National Executive Council (NEC), no new executives had been elected to assume office.
The Court therefore resolved the first question in favour of the Defendants, holding that the incumbent executives were entitled to remain in office pending a successful election.
On electoral eligibility, the Court held that the criteria prescribed by the Union’s Constitution for contesting national and branch offices were internal affairs of the Union. It reasoned that members who subscribed to the Constitution were bound by its provisions and that the Court could not interfere merely because the eligibility requirements were considered unfavourable or discriminatory. The second question was consequently resolved against the Claimants.
The Court further declined to determine the Claimants’ challenge to their suspension from membership, holding that the relief did not arise from any of the questions submitted for determination in the Originating Summons and could not be considered independently.
Decision
In conclusion, the Court held that the suit lacked merit and dismissed it accordingly. The Court also ordered that the parties bear their respective costs.
Click the link to access the CTC of the judgment: NICN JUDGMENT IN OWOJECHO OMOHA & 1 OR V. ASUU & 1 OR
Author:
ALKASIM ABUBAKAR