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Calabar — The case of the alleged unconstitutional dissolution of the Cross River State Council of the Nigeria Union of Journalists (NUJ) held August 13, 2009 is billed for hearing again at the Federal High Court, Calabar on February 3, 2010.

On the January 13, 2010 hearing of the case, Suit No. FHC/CA/CS/101/09, counsel to the plaintiffs, Mr. Jacobs Dada described the dissolution of the legitimately elected executive of the Cross River State Council of NUJ as "unfortunate, sad and shameful that the national leadership of the union" led by Garba Muhammed "succumbed to external influence to annul a duly conducted election into the Cross River State Executive Council, an election they supervised and swore in the winners in tandem with the constitution of the union".

He told the presiding judge, Justice Ademola Adetokumbo that he had perused the entire constitution of the NUJ and found no where the national leadership of the union derived the powers to dissolve a duly constituted council executive or annul a conclusive election of officers who had been sworn into office for well over three months.

Dada noted that the constitution of NUJ allows a maximum of 21 days for all petitions and complaints pertaining election matters to be treated and reconciled after which period, any other complaints or petitions become unconstitutional.

"The act is dubious, objectionable and unconstitutional", Dada insisted noting that those who were presently occupying the various offices in the Cross River State council of NUJ were illegal occupants and should be vacated for justice to have not only been done but seen to have been done.

Generally, he prayed the court to among other things, the dissolution of the executive council of the Cross River State Council of NUJ because it is invalid, illegal, unconstitutional, null and void and of no effect whatsoever, an order directing the defendants to continue to recognize and accord all the claimants all the benefits, rights and privileges to which they are entitled to by virtue of that election and a perpetual order of injunction restraining the defendants from interfering in any manner with the tenure of office of the claimants or calling for or holding an election into the Cross River State Council of NUJ.

But counsel to the defendants, Mr. John Gaul Lebo in his defense, argued that the court had no jurisdiction to handle the matter.

Based on this argument, Justice Ademola Adetokumbo gave the counsel seven days to file his defense to justify his position and therefore adjourned the case to February 3, 2010.