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IN RE: NIGERIA CIVIL SERVICE UNION BETWEEN ASSOCIATION OF SENIOR CIVIL SERVANTS OF NIGERIA AND NATIONAL ORIENTATION AGENCY, FEDERAL MINISTRY OF INFORMATION (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A.ADEJUMO - PRESIDENT PROF. B.B. KANYIP - MEMBER BARR. M.B. DADDA - MEMBER SUIT NO: NIC/9M/2003 DATE OF RULING - 25TH MAY, 2004 COURT Joinder of parties by court – Principles governing. LABOUR LAW National Industrial Court -Joinder of parties by - Principles guiding - Rule 14, National Industrial Court Rules. LABOUR LAW National Industrial Court - Ruling of - What party must show to enable the court depart from - Rationale. NATIONAL INDUSTRIAL COURT Joinder of parties by National Industrial Court - Principles governing. NATIONAL INDUSTRIAL COURT Ruling of National Industrial Court -What party must show to enable the court depart from - Rationale. ISSUE Whether the Nigeria Civil Service Union ought to bejoined as a Respondent in the suit FACTS: The National Industrial Court delivered a judgment in Suit No. NIC/5/93 on 27th June, 1995 on the jurisdictional scope of the parties thereto. All the parties to the present matter were parties thereto. By a motion on notice dated 14th March 2003, the Applicant applied for the enforcement of the said judgment against the National Orientation Agency (Federal Ministry of Information). While the Applicant’s application was pending before the court, the party seeking to be joined as 3rd Respondent (the Nigeria Civil Service Union), which was a party to the previous matter, applied to the court to be joined as party to the enforcement of the said judgment. Consequently, the court heard arguments of counsel on the application for joinder to the proceedings for enforcement of the judgment. HELD: (Granting the application): 1. On Principles guiding joinder of parties at the National lndustrial Court - The issue of joinder of parties at the National Industrial Court is regulated by rule 14 of the National Industrial Court Rules. The said rule 14 permits the court, either on its own motion or on application of any party to the proceedings, to order the joinder of a party in matters before the court. A party will be entitled to be joined if it shows sufficient interest in the matter before the court. This is for the purpose of giving effect to the court’s finding in the substantive matter. 2. On What a party must show to enable the National Industrial Court depart from its previous ruling - For the National Industrial Court to depart from its previous ruling, a party must show sufficient cause as to why the court should so depart from its earlier decision. Only for germane and compelling reasons will the court depart from its previous ruling or decision, especially when the facts are on all fours. This is because, despite its flexibility in procedure, the rules evolved in deciding matters before it have to be certain, definite, consistent and ascertainable if stake-holders in the industrial relations practice are to order their affairs in accordance with the law. In the instant case, the court did not see any reason to depart from its previous rulings in Association of Senior Civil Servants of Nigeria v. Anambra State Suit No. NIC/6M/2000 and Association of Senior Civil Servants of Nigeria v. Government of Akwa Ibom State & others Suit No. NIC /9M/2000, wherein the Nigeria Civil Service Union was joined as an interested party. Consequently, the court ordered that the NCSU be joined as a Respondent in the matter.