Constitutional Right of a Citizen to Peaceful Assembly and Association; Limitations to Same

CASE TITLE: AROBI & ORS v. COMMISSIONER FOR ESTABLISHMENT & SPECIAL DUTIES, EDO STATE & ORS (2025) LPELR-82522(CA)

JUDGMENT DATE: 14TH NOVEMBER, 2025

PRACTICE AREA: CONSTITUTIONAL LAW

LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the doctrine of estoppel per rem judicata and the right to peaceful assembly and association.

FACTS:

This appeal is against the judgment of the National Industrial Court of Nigeria, Akure Judicial Division, Coram: O. O. Oyewumi, J. (as he then was), delivered on the 23rd day of May, 2017.

The Appellants, who were the claimants at the trial Court, instituted an action at the trial Court claiming the following reliefs:

1. A declaration that the defendants cannot compel the claimants to belong or subscribe to the Medical and Health Workers Union of Nigeria or any other trade union other than that of their choice.

2. An order of injunction restraining the defendants from interfering with the claimants’ membership of the Nigeria Union of Local Government Employees.

3. An order of injunction restraining the defendants from deducting check-off or any money whatsoever from the claimants’ salaries and remitting the same to the Medical and Health Workers Union of Nigeria or any other trade union other than that of the claimants’ choice.

The Court found, inter alia, that the main issue in the suit had been decided in a previous case and held that the suit is caught by the doctrine of res judicata.

The Appellants were dissatisfied and therefore filed this appeal.

In addition to filing their briefs, the 23rd Respondent raised and included a Preliminary Objection in their brief.

ISSUES FOR DETERMINATION:

The Preliminary Objection was based on the following grounds:

(a) Ground 1 of the Notice of Appeal dated 30th May, 2017, alleging breach of the appellants’ fundamental right to a fair hearing, is a fresh issue in this appeal.

(b) Grounds 1, 2, and 3 of the Notice of Appeal are not distilled from the ratio decidendi of the decision of the lower Court dated 23/5/2017 (pp. 269-284 of the records), that is, the subject of this appeal.

(c) The appellants by the provision of Section 243(2) and (3) of the 1999 Constitution (as amended), require the leave of this Hon. Court to raise a fresh issue on appeal and to equally appeal against the judgment of the lower Court.

The Court determined the substantive appeal based on the following issues:

1. Whether the lower Court was justified when it held that the appellants’ suit is caught by the doctrine of estoppel per res judicata in view of the earlier decision of the lower Court in Suit No. NIC/LA/46/2012: NULGE v. LAGOS STATE GOVERNMENT & ORS – and accordingly dismissed the suit?

2. Whether, in view of the current state of the law as espoused by the lower Court in its judgment, it can be said that the appellants’ right to freedom of association has been breached in any respect at the lower Court?

DECISION/HELD:

The preliminary objection succeeded in part, and the appeal was struck out. However, the substantive appeal was dismissed.

RATIOS:         

• APPEAL- GROUND(S) OF APPEAL: Whether a ground of appeal must be related to the ratio decidendi of the judgment appealed against
• APPEAL- LEAVE OF COURT/LEAVE TO APPEAL: Effect of failure to obtain leave of court where same is required
• APPEAL- LEAVE OF COURT/LEAVE TO APPEAL: When an appeal from the decision of the National Industrial Court will be as of right or with leave
• CONSTITUTIONAL LAW- RIGHT TO PEACEFUL ASSEMBLY AND ASSOCIATION: Constitutional right of a citizen to peaceful assembly and association; limitations to same
• EVIDENCE- ESTOPPEL PER REM JUDICATAM/RES JUDICATA: When a plea of res judicata will arise
• PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: Whether a notice of preliminary objection can be incorporated in the respondent’s brief of argument
• PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: Duty on a party who raises preliminary objection

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