Ratio Decidendi

Per Chukwuma-Eneh, JSC (adopting Tobi, JSC), in National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC) at pp. 19–20; Paras E–B:

"From the wordings of section 47, it is clear that the following ingredients are not only necessary but inevitable: (a) there must be a dispute; (b) the dispute must involve a trade; (c) the dispute must be between (i) employers and workers; or (ii) workers and workers; (d) the dispute must be connected with (i) the employment or non employment; or (ii) the terms of employment and physical condition of workers of any person."
View Judgment →

Explanation / Scope

This principle establishes the ingredients of a trade dispute: a dispute involving a trade between employers and workers or workers and workers, connected with employment, non-employment, terms of employment, or physical conditions of workers. The principle applies where a trade dispute is alleged. It ensures that the definition is properly applied. The principle reflects the statutory requirements. It prevents misuse of trade dispute jurisdiction. The court must determine if the ingredients are present. The principle provides guidance on the definition of trade dispute.

Cases Applying This Principle

National Union of Electricity Employees v. Bureau of Public Enterprises