LEGAL PRINCIPLE: LABOUR LAW — Locus Standi under Trade Unions Act
PRINCIPLE STATEMENT
Section 18(1) of the Trade Unions Act confers locus standi on any five members of a trade union to apply to the High Court for an injunction to restrain unauthorized or unlawful application of the union's funds.
RATIO DECIDENDI (SOURCE)
"Section 18(1) of the Trade Unions Act Cap.437, Laws of the Federation of Nigeria, 1990 (former S.16(1) of the Trade Unions Act, 1973) confers locus standi on any five members of the plaintiffs' union to apply to the appropriate High Court for an injunction to restrain any unauthorised or unlawful application of the 18th defendant union's funds. Claims v(c) and vii of the plaintiffs' Originating Summons are covered by S.18(1) of the said Trade Unions Act."
EXPLANATION / SCOPE
This principle provides a specific statutory exception to the general rule that only the union itself can sue for wrongs done to union property. Section 18(1) recognizes that union members have a legitimate interest in preventing misapplication of union funds and empowers a minority group (five members) to seek judicial intervention. This creates a protective mechanism against financial mismanagement or misappropriation by union leadership. The standing is specific to claims involving unauthorized or unlawful use of funds, not extending to all union disputes. The provision balances union autonomy with member protection, ensuring accountability in financial matters while setting a threshold (five members) that prevents frivolous individual actions while enabling collective member action.