Whether Check-Off Dues May Lawfully be Deducted from the Salaries of Members of the Nigeria Union of Teachers Under the Labour Act and the Trade Unions Act Without their Written Consent?

CASE TITLE: Garba & Ors v. Umar & Ors (2025) LPELR-82669(CA)

JUDGMENT DATE: 11TH DECEMBER, 2025

PRACTICE AREA: LABOUR LAW

LEAD JUDGMENT: VICTORIA TOOCHUKWU NWOYE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Labour Law.

FACTS:

This is an appeal against the judgment of the National Industrial Court, Kaduna Judicial Division.

The 1st-4th Respondents were the Claimants at the National Industrial Court, Kano Division, from where the matter was subsequently transferred to the Kaduna Division. The Appellants were sued as Defendants, together with the 5th-8th Respondents. The Claimants sought declaratory reliefs that the Academic Staff Union of Secondary Schools, Kebbi State (ASUSS), formerly known as the Conference of Secondary School Tutors, is not a registered trade union and is therefore not entitled to recognition or the collection of check-off dues and that its actions in mobilising teachers to withdraw from the Nigeria Union of Teachers (NUT) were unlawful. Injunctive reliefs were also claimed against the Appellants.

In response, the Appellants filed counter-affidavits with accompanying exhibits, while the Respondents filed further affidavits and replies. In a judgment delivered on 25 January 2018, the trial Court granted substantially all the reliefs sought.

Aggrieved by the decision, the Appellants filed this appeal.

ISSUES FOR DETERMINATION:

The Court of Appeal determined the appeal on the following issues:

1. Whether, under Sections 5(3) and 5(4) of the Labour Act and Section 17(a) of the Trade Unions (Amendment) Act 2005, deductions of check-off dues from the Appellants’ salaries could lawfully be made without their written consent.

2. Whether the trial Court was right in treating the Federal Civil Service Rules 2003 as applicable to employees of the Kebbi State Civil Service.

3. Whether Exhibits NUT D and NUT E on one hand and Exhibits AB1-30 and AC1-20 on the other were admissible in law, and whether the trial Court properly evaluated or rejected them.

4. Whether the trial Court raised and resolved issues 2 and 3 suo motu without affording the parties the right to be heard, and if so, whether this occasioned a breach of fair hearing.

DECISION/HELD:

The appeal was allowed.

RATIOS:

• LABOUR LAW- TRADE UNION: Whether check-off dues may lawfully be deducted from the salaries of members of the Nigeria Union of Teachers under the Labour Act and the Trade Unions Act without their written consent
• EVIDENCE- AFFIDAVIT EVIDENCE: Distinction between affidavit evidence and pleadings in a civil suit
• EVIDENCE- PUBLIC DOCUMENT: Position of the law as regards admissibility of a secondary copy of a public document
• PUBLIC SERVICE- CIVIL SERVICE RULES: Whether the Federal Civil Service Rules apply to state employees

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