Order 59 — Appointment of Public Trustee

Where there is an intra-union or intra-organizational dispute before the Court, the Court may suo motu or upon a motion on notice by any of the parties make an order for the appointment of a Public Trustee to manage the administration, affairs and finances of the trade union, employees’ or employers’ organization involved in any intra-union or intra-organizational disputes.
Provided that such application shall be accompanied by an affidavit stating the reasons for the appointment of the Public Trustee and the CTC of the process(es) filed in respect of the intra-union or intra-organisational dispute before the Court.
Provided further that the Respondent(s) is given the opportunity to file a counter affidavit in response to the application and in compliance with the rules of the Court.

(1) The Court may appoint a Public Trustee from amongst reputable and notable Nigerians who satisfy the provisions of Rule 3 of this Order.

(2) Where the Court orders that a Public Trustee be appointed in line with the provisions of sub-rule 1 of this Rule, the Judge shall remit the file of the proceedings to the President of the Court for the appointment of the Public Trustee to manage the affairs, administration and finances of the trade union, employees’ association or employers’ organization.
Provided that the appointed Public Trustee shall not interfere with or play any role in the statutory union, association or organization activities.

(1) A person shall not be eligible to be appointed as a Public Trustee to manage the affairs, administration and finances of a Trade Union or Employees’ or Employers’ Organization unless the person has relevant educational qualification, background, knowledge and cognate experience in management and administration of a trade union, employees’ association or employers’ organization.

(2) A person shall not be appointed as a Public Trustee if the person had been a member, worker, associate, affiliate or client or consultant to any of the trade unions, employees’ or employers’ organizations involved in the trade dispute before the Court.

(3) The President of the Court may determine the remuneration and allowances payable to the Public Trustee appointed to run the affairs of a trade union, employees’ or employers’ organization as ordered by the Court.

(4) The salaries and allowances payable to the Public Trustee shall be deductible from the purse of the trade union, employees’ association or employers’ organization in dispute before the Court.

The functions and mandate of the Public Trustee shall be in the terms of appointment as may be determined by the Court.

Where the Court appoints a Public Trustee, the appointment shall be for a term of not more than three (3) months in the first instance and where the Public Trustee is unable to achieve the objective(s) of the appointment, the Public Trustee shall report accordingly to the Court.
Provided that nothing shall preclude the Court from terminating the appointment of the Public Trustee for inability to fulfil the terms of engagement.

Upon receipt of and satisfaction with the reasons for not fulfilling the mandate, the Court may extend the appointment of the Public Trustee for another term of three (3) months and no more.

At the expiration or conclusion of the period of engagement, the Public Trustee shall render an account of stewardship to the Court.