National Industrial Court Voids Obaseki’s Suspension of Trade Union Activities in State Tertiary Institutions

Adibe Emenyonu in Benin City

The National Industrial Court of Nigeria (NICN), sitting in Benin City, has declared that the June 8, 2022 directive of the Edo State Government suspending trade unions’ activities in tertiary institutions in the state as unconstitutional, illegal, null and void.

Delivering judgment on suit No: NICN/BEN/40/2022 brought before it by the Chairman, Academic Staff Union of Universities (ASUU), Ambrose Alli University (AAU) chapter, Dr. Cyril Onogbosele and Assistant Secretary, Dr. William Odion on behalf of the union who were claimants against the Governor of Edo State, the Attorney General of the state and the Edo State Government who are defendants, Justice A. A. Adewemimo ruled that the state government was wrong to have suspended trade union activities in AAU and other tertiary institutions in the state.

 Reacting to the ruling on Sunday, Onogbosele, hailed the judgment saying, “The court judgment is a victory for constitutionalism, rule of law and due process”
 Miffed by the directive of Governor Godwin Obaseki, on June 8 2022 that all trade union activities be suspended in tertiary institutions in the state, the ASUU, AAU chapter approached the NICN through its lawyer, Kingsley Obamogie sought the following declarations:

“A declaration that the order or directive of the Defendants for the suspension of trade union activities at Ambrose Alli University, Ekpoma is unconstitutional, illegal, null and void and same is ultra vires the powers of the Defendants.

“A declaration that the Defendants have no power whatsoever to interfere or intermeddle with the Claimants’ exercise of their rights, as members of a registered trade union, Academic Staff Union of Universities to engage in trade union activities at Ambrose Alli University, Ekpoma.

“An order of perpetual injunction restraining the Defendants, their servants, employees and/or agents from interfering with or intermeddling in the Claimants’ exercise of their fundamental right to engage in trade union activities at Ambrose Alli University, Ekpoma.
“An order of perpetual injunction restraining the Defendants, their servants, agents and/or privies from taking any form of disciplinary action against the Claimants on account of their trade union activities at Ambrose Alli University, Ekpoma.”