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Secure ₦5 Million National Industrial Court Judgment As Enforcement Enters Rocky Phase
As the statutory period for filing an appeal against the judgment of the National Industrial Court of Nigeria (NICN), Port Harcourt Judicial Division, delivered on 4 May 2026 draws to a close, attention has shifted from the courtroom to the enforcement of the Court’s orders against the Nigeria Union of Journalists (NUJ).
The landmark judgment in Suit No. NICN/PHC/04/2018: Mr. Akpekwu Christopher Imbufe & 4 Others v. Mr. Abduwahid Odusile & 8 Others, delivered by Hon. Justice Muhammad A. Hamza, brought to an end an eight-year legal battle arising from the 2018 Correspondents’ Chapel election in Rivers State. The decision has since become one of the most significant judicial pronouncements on the interpretation of the NUJ Constitution in recent years.
The suit challenged the interpretation of key provisions of the 2018 Constitution of the Nigeria Union of Journalists relating to membership qualification, eligibility to contest elections, suspension of members and the powers exercisable by the organs of the Union.
After considering the pleadings, documentary evidence and oral testimony, the National Industrial Court resolved most of the substantive issues in favour of the claimants, led by Mr. Akpekwu Christopher Imbufe, while deciding certain issues relating to election eligibility in favour of the defendants. The Court also awarded ₦5 million as damages and costs, thereby creating a judgment debt enforceable against the judgment debtors unless lawfully stayed, varied or set aside by the Court of Appeal.
One of the central issues before the Court was the interpretation of Article 3 of the 2018 NUJ Constitution governing qualification for membership.
The Constitution provides that registration as a member shall be processed by the National Secretariat upon the recommendation of the relevant State Council. It further stipulates that an applicant must possess at least a Diploma in Journalism or Mass Communication, or an equivalent diploma with cognate journalism experience obtained from a recognised institution, together with a minimum of twelve months’ working experience in a recognised media organisation.
These provisions substantially mirror the framework established under the Nigerian Press Council Act, 1992 (as amended). Section 37 of the Act defines a journalist as a person engaged in the collection, processing and dissemination of information for publication and accredited by the Nigerian Press Council.
Section 19 of the Act prescribes the qualifications for registration as a journalist, including recognised professional training, approved qualifications and relevant professional experience, while preserving transitional rights for journalists who had acquired at least five years’ experience before the commencement of the Act. It also requires applicants to satisfy standards relating to character, age, professional competence and knowledge of national affairs.
Similarly, the 2018 NUJ Constitution preserves eligibility for journalists who had acquired not less than five years’ professional experience before the commencement of the Nigerian Press Council Act, while providing for associate membership for veteran and freelance journalists. It also requires members to subscribe to the NUJ Constitution and Code of Professional and Ethical Conduct before certification by the National Secretariat.
The Constitution further empowers the National Secretariat to revoke membership obtained through false information, professional misconduct or criminal conviction, subject to a right of appeal to the National Executive Council, while expressly prohibiting discrimination on grounds of sex, religion, political belief or ethnic origin.
In interpreting these provisions, the National Industrial Court drew a clear distinction between qualification for membership of the Union and qualification to contest elective office within the Union.
The Court held, in substance, that qualification for membership under Article 3 is entirely different from qualification to contest elections under Article 6 of the Constitution, and that satisfying one requirement does not automatically satisfy the other. This distinction has become one of the most significant legal principles established by the judgment.
Accordingly, the Court separately examined whether the claimants satisfied the constitutional requirements for membership under Article 3 and whether they met the additional conditions prescribed under Article 6 for contesting the Correspondents’ Chapel election.
Although the Court found that some of the claimants did not satisfy the constitutional requirements to contest the particular election, it nevertheless held that the disciplinary measures imposed on them lacked constitutional and legal foundation.
The Court consequently set aside their suspension and awarded ₦5 million in damages and costs, reaffirming the principle that disciplinary sanctions imposed outside the Constitution cannot be sustained.
Another issue attracting considerable legal attention is that, while the suit was pending, the Nigeria Union of Journalists amended its Constitution by raising the minimum educational qualification for membership from a Diploma to a Higher National Diploma (HND) or a Bachelor’s Degree.
Legal analysts maintain that the amendment cannot operate retrospectively to govern disputes that arose under the earlier Constitution.
Consistent with established principles of Nigerian law, Hon. Justice Muhammad A. Hamza interpreted and applied the Constitution that was in force when the cause of action arose—the 2018 NUJ Constitution—which reflected the qualification and registration standards contained in Sections 19 and 37 of the Nigerian Press Council Act, 1992.
As the period for filing an appeal approaches expiration, attention has also turned to the enforceability of the ₦5 million judgment debt.
Under Nigerian law, the award constitutes a judgment debt and not a voluntary donation or ex gratia payment. Consequently, the Nigeria Union of Journalists remains legally obligated to satisfy the judgment in full unless the successful litigants voluntarily agree to a compromise or the Court of Appeal varies, stays or sets aside the judgment.
Following the official visit of the National President of the Nigeria Union of Journalists, Comrade Alhassan Yahaya, to Rivers State, the claimants met on Wednesday, 29 July 2026, with the Chairman of the NUJ Rivers State Council, Paul Bazia Nasene, alongside the Chairman of the Correspondents’ Chapel, Mr Amaechi Okonkwo, and members of the Chapel Executive Committee.
During the meeting, the Union reportedly presented proposals aimed at resolving the dispute with the claimants, popularly known as the Legacy Team of the Correspondents’ Chapel. Among the proposals were implementing the judgment on terms proposed by the Union; paying ₦3 million instead of the court-awarded ₦5 million because the National Secretariat could only provide partial funding; requiring the suspended members to submit fresh credentials before registration or reinstatement; indicating an intention to appeal while requesting the claimants not to enter an appearance; forfeiture of allowances accruing between January 2018 and April 2026 arising from the suspension; and considering compensation for deceased members.
The Union also expressed the hope that the Legacy Team would accept the proposed ₦3 million settlement in place of the ₦5 million awarded by the Court.
However, as a matter of law, such proposals have no binding effect unless accepted by all judgment creditors. Likewise, a judgment debtor cannot unilaterally alter, reduce or qualify the express orders of a competent court. Any proposal requiring successful litigants to surrender rights already declared by the Court or refrain from defending an appeal has no legal effect unless endorsed by the Court or mutually agreed upon by all parties.
Where reinstatement or restoration of rights has been ordered, only reasonable administrative procedures necessary for implementation may be adopted. Such procedures cannot lawfully be used to delay, frustrate or diminish rights already declared by the Court.
It is equally settled law that the mere filing of a Notice of Appeal does not operate as a stay of execution. Unless the Court of Appeal specifically grants an order staying execution, every order of the National Industrial Court remains valid, binding and enforceable.
Accordingly, the successful litigants remain entitled, in law, to commence enforcement proceedings to recover the ₦5 million judgment debt and compel compliance with every other order contained in the judgment should voluntary compliance not be forthcoming.
Legal practitioners further observe that where a successful litigant dies before enforcement is completed, the monetary benefits arising from the judgment ordinarily survive and may be claimed by the duly appointed personal representatives or administrators of the deceased’s estate in accordance with applicable succession laws.
Consequently, the judgment of Hon. Justice Muhammad A. Hamza has evolved beyond a dispute arising from the 2018 Correspondents’ Chapel election in Rivers State.
It now stands as an important judicial authority on the interpretation of trade union constitutions, the distinction between membership qualification and electoral qualification, the supremacy of constitutional provisions governing voluntary associations, and the obligation of every organisation, including professional unions, to obey valid and subsisting court judgments.
Unless and until the Court of Appeal varies, stays or sets aside the judgment, the decision of the National Industrial Court delivered on 4 May 2026 remains binding on all parties, and the ₦5 million awarded by the Court continues to subsist as a lawful and enforceable judgment debt under Nigerian law.
Notably, one of the successful claimants, the late Mrs. Bunmi Durojaiye, did not live to witness the enforcement phase of the judgment. Under Nigerian law, however, any monetary entitlement due to a deceased judgment creditor ordinarily survives and may be pursued by the duly appointed personal representatives or administrators of the deceased’s estate, subject to the applicable laws governing succession and estate administration.
Before her death on 22 February 2023, Mrs Bunmi Toki- Durojaiye was an accomplished media professional and a respected journalist. She graduated from the University of Jos with a Bachelor’s Degree in English Language and Literature and also obtained a Diploma in Law. She also obtained a Diploma in Media Studies from the National Open University of Nigeria NOUN. Until her passing, she served as Business Development Manager for Rivers State at Media Techniques Limited, publishers of City People Magazine, Lagos, Nigeria.
Renowned for her professionalism, diligence and exceptional interpersonal skills, the late Mrs Durojaiye made invaluable contributions to the growth and visibility of City People Magazine, helping to strengthen its reputation as one of Nigeria’s foremost soft-sell weekly publications. Her legacy of hard work, dedication and commitment to journalism continues to inspire colleagues and media practitioners across the country.
Emeka Amaefula
Journalist | Public Affairs Analyst
+234 (0) 811 181 3069
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