An Industrial Court sitting in Abuja has held that Federal Ministry of Labour and Employment is duty bound to register National Association Of Non Teaching Staff Of Nigerian Universities (NANTS) to be part of the trade unions in both the privately owned and government institutions in Nigerian once they apply to be so registered.
In a suit filed by the Non Academic Staff Union Of Educational &Associated Institutions (NASU) – Claimant against Comrade Niyi Akinnibi – sued as the National President, National Association Of Non Teaching Staff Of Nigerian Universities NANTS – Defendant.
In his judgement, at the National Industrial Court Of Nigeria, Abuja Judicial Division, His lordship, Hon. Justice B.B. Kanyip, Phd, OFR, President National Industrial Court of Nigeria on Tuesday, May, 30, 2023 that, NANTS should be recognized like every other unions and be allowed performing the functions of a trade union once they apply for registration.
Giving the judgement before B.A Ogunleye with Rotimi Olajide representing the claimant
And
Ifeanyi Ogwuasi, holding brief of S.T.A Raji for the defendant said NANTS can take any step including the collection of subscriptions or dues pending formal registration as a trade union.
Excerpts: from the judgement.
- With all this in mind, I shall proceed to answer the questions posed by the claimant. On
question (1) i.e. whether by the provision of section 2(1) of the TUA, NANTS being coordinated and represented by the defendant can operate and perform the functions of a trade union when same has not been dully registered under the TUA or any other known law in Nigeria, the answer is: pending formal registration as a trade union, NANTS can take any step (including the collection of subscriptions or dues) which may be necessary for the purpose of getting the union registered”. Exhibit B issued by the defendant was in this direction.
- On question (2) i.e. whether by section 3(2) of the TUA, NANTS being coordinated and represented by the defendant can be registered as a trade union to represent the Non-Teaching Staff of Nigerian Universities where there already exists a trade union such as the claimant, the answer is in the affirmative given ILO Convention No. 87, which is now applicable in virtue of section 254C(1)(f) and (h), and (2) of the 1999 Constitution and section 7(6) of the NIC Act 2006.
- On question (3) i.e. whether by section 25 of the TUA, the Nigerian Universities and other publicly and privately owned institutions are bound under the provisions of this law to recognize and continue with the recognition of the claimant as a registered trade union specified in Parts A & B of the Third Schedule to the TUA for as long as the claimant remains a registered trade union conferred with the jurisdictional scope of unionizing all eligible non-academic staff
workers employed in publicly and privately owned education, research and associated institutions including University Teaching Hospitals, the answer is in the affirmative but subject to the right of other associations like NANTS to also be registered as trade unions once they apply to be so registered. - Section 25 of the TUA itself makes provision as to the obligatory nature of the recognition of registered trade unions in these words:
(1) For the purposes of collective bargaining all registered unions in the employment of an employer shall constitute an electoral college to elect members who will represent them in negotiations with the employer.
(2) For the purposes of representation at Tripartite Bodies or any other body the registered Federations of Trade Unions shall constitute an electoral college taking into account the size of each registered Federation, for the purpose of electing members who will represent them.
67. As can be seen, section 25 talks of “all registered trade unions in the employment of an employer”. This intuits that there can be more than one trade union in an employment. For purposes of collective bargaining, these registered trade unions in an employment shall constitute an electoral college to elect members who will represent them in negotiation with the employer.
Section 25 does not intuit trade union monopoly. It intuits trade union plurality.
- On question (4) i.e. whether by sections 2 and 25 of the TUA, NANTS coordinated and represented by the defendant is qualified to be recognized as a trade union under the TUA by any University in Nigeria, the answer is in the affirmative subject to it applying for registration as a trade union and it being so registered under the TUA and in accordance with the precepts just enunciated in this judgment. 69. Having answered all the questions posed by the claimant against the claimant, the reliefs prayed for by the claimant are not grantable. They must fail. All the reliefs are accordingly dismissed.
I so order.
- Judgment is entered accordingly. I make no order as to cost.
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Hon. Justice B. B. Kanyip, PhD, OFR
