Mkpoikana Udoma 16 February 2018, Sweetcrude, Port Harcourt – The National Industrial Court of Nigeria sitting in Port Harcourt has adjourned till 20th of March 2018 to rule on the motion for amendment of suit filed before it by over 300 aggrieved dockworkers against BUA Ports and Terminal Operators Limited.
The dockworkers had dragged their employer, BUA Ports and Terminal, to court for allegedly disengaging them wrongfully instead of respecting the collective bargain agreement reached by the Federal Government, NIMASA and port authorities on the basic wages to be paid to dockworkers.
The counsel to the dockworkers had filed a motion to amend the originating process in the suit, while the defense counsel challenged the motion by the claimant to bring in new issues and new documents to the suit, saying the application lacked merit.
Justice Hamma Polycarp, after listening to both counsels, adjourned proceedings till March 20, 2018 to rule on whether the originating process could be amended.
Briefing newsmen after the court session, counsel to the dockworkers, Barr. Uche Ogwudu Ejike, said the amendment of the originating process was imperative in order to bring in new facts that were not captured in the originating suit.
According to him, “We want to amend the originating process to bring in new facts that we have gathered, including the reviewed collective bargain agreement, salaries that they (dockworkers) have not been paid and unpaid allowances that were not captured in the first originating summon.
“We did not bring in new parties into the case, what we are only bringing in is the agreement that was signed and binding on BUA Ports and Terminal.
“We are urging the court to interpret if the agreement is binding on all maritime workers.”
Counsel to the defendant in the case, Barr. Angus Chukwuka, wants the court to refuse the motion for amendment to enable his team argue the matter based on the originating process.
“If the court rules that the application has merit, it means that we will now work on the new processes filed, but if the court rules that the amendment lacks merit, we will conclude the case based on the originating process,” he said.
