THE ILLEGALITY OF JOHESU, THE BLUNDERING NEGOTIATIONS WITH GOVERNMENT, AND THE UNENFORCEABLE COURT ORDER.

On the 18th of May, 2018, a Court Order was purportedly issued against one Mr Josiah (President) and Mr Ogbonna (Vice President) of JOHESU. The Court Order was to the effect that the two named persons compel their members to call of an ongoing industrial action long begun.

Joint Health Sector Unions (JOHESU) is made up of five registered unions in the health sector namely,Medical and Health Workers Union of Nigeria (MHWUN), National Association of Nigeria Nurses and Midwives (NANNM), Non-Academic Staff Union (NASU), Nigerian Union of Allied Health Professionals (NUAHP), and Senior Staff Association of University Teaching Hospitals Research Institutes and Associated Institutions (SSAUTHRIAI).

The question now is whether JOHESU as constituted is a legal subject matter or an illegal creature or association. If it is a legal existence, the next question is whether it is capable of being sued as a body or even as an association. After that, the final question will be whether it can be sued or ordered through President Josiah or Vice President Ogbonna. If it is found that Josiah or Ogbonna cannot represent JOHESU in law and fact, then the said Court Order is an exercise in futility, unless JOHESU suo moto abates the cause of action.

There are mainly two laws that regulate the formation of legal entities and associations in Nigeria. They are the Partnership Act or Laws, and the Companies and Allied Matters Act. While Partnership Act or Laws regulate the formation of partnerships and associations between natural persons, the Companies and Allied Matters Act regulates the formation of partnerships, associations and companies between natural and artificial persons. Natural persons are human beings while artificial persons are creatures of law or registered associations or bodies.

It is the law that natural persons can form an association. Any association so formed is not a legal person until it is registered. However, such an association can sue or be sued through their legal representatives like the President or Chairman of the association. On the other hand, the law permits artificial persons to form associations too. Any association so formed is not a legal person until it is registered. However, such an association can sue or be sued through their legal representatives like the President or Chairman of the association.

The Chairman or President of an association of natural persons comes from its membership, and thus is a natural person. The association can also donate a power of attorney to a third party to do anything it could do as an association. On the other hand, the President or Chairman of an association of artificial persons also comes from its membership, and must be an artificial person by implication.

The implication of the above analysis is that only one of the five members of JOHESU, namely MHWUN, NANNM, NASU, NUAHP or SSAUTHRIAI, can be the president of JOHESU. This does not preclude JOHESU from donating power of attorney to a natural person to do all it could possibly do as an association of breathless bodies. It therefore beats any imagination how human beings could aspire to be, or are purported to be the President and Vice President of an association of artificial persons.

The Court Order purporting to compel JOHESU to resume work through President Josiah or Vice President Ogbonna is thus a Court Order directed at incompetent representatives. Josiah and Ogbonna wield no power of attorney donated by the association JOHESU. They are also not members of JOHESU. They are best described as mere body parts of the five members of JOHESU. They therefore are incompetent to represent JOHESU in the above suit.

The failure of JOHESU to call off their industrial action on the premise that the Court Order was directed at the winds is double edged though. This is without any prejudice as to the validity of the said Court Order. The implication of JOHESU failing to honour the Court Order on the wind premises, and not on its validity, is that future suits or negotiations of JOHESU would be truncated if proper and competent Representatives are not presented.

Awkadigwe Fredrick Ikenna
(MBBS, LLB, MWACS, DSC)

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