FROM IKHILI EBALU, BENIN CITY
The National Industrial Court of Nigeria (NICN), Benin City Division on Friday 5th May, 2023
declared the suspension of Trade Unions’ activities in tertiary institutions (including AAU, Ekpoma) in Edo State by Edo State Government in June 2022 as Illegal, non and void.
The Academic Staff Union Of Universities,ASUU, Ambrose Alli University ,AAU,Ekpoma chapter has dragged the Edo state government to the National Industrial Court of Nigeria (NICN), Benin City Division over the ban on union activities.
It would be recalled that the Governor of Edo State had on June 8, 2022 directed the suspension of trade unions’ activities in Ambrose Alli University, Ekpoma and other state-owned tertiary institutions in the State. The suspension order affected the activities of ASUU,SSANU, NAAT and NASU in the University.
Dissatisfied with the suspension order on trade unions’ activities in the University, the University’s Chapter of ASUU approached the Court to challenge the legality of the suspension. The Union asked for specific reliefs, which included:
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, to wit, 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; and
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.
Delivering judgment on the suit No: NICN/BEN/40/2022 in Academic Staff Union of Universities (ASUU) against the Governor of Edo State and others, which included the Attorney General of Edo State as defendants, His Lordship Hon. Justice A. A. Adewemimo voided the action and directive of the Governor of Edo State which suspended trade union activities in the state-owned Ambrose Alli University, Ekpoma.
In particular, the Court declared that the suspension was unconstitutional, illegal, null and void. The Governor of Edo State had on June 8, 2022 directed the suspension of trade union activities in Ambrose Alli University, Ekpoma and other state-owned tertiary institutions in the State.
Also Vexed by the suspension order of the state government SSANU, NAAT and NASU in a joint suit No: NICN/BEN/41/2022 challenged the legality of the suspension, praying the Court to declare that the decision of the Governor to suspend the activities of the unions in the University was not in consonance with the provisions of the Trade Union Act, as amended and, therefore, illegal, unlawful and of no effect whatsoever.
They also prayed the Court to declare the action of the Governor as interference in the affairs of trade unions in the university, even as the Unions sought for an order of injunction restraining the Governor and others in carrying out the suspension of union activities in the University.
Justice Adewemimo, in the judgment, granted all the prayers sought by SSANU, NAAT and NASU.
Chairman of the University’s Branch of ASUU, AAU, Ekpoma,Dr. Cyril Oziegbe Onogbosele hailed the judgment, saying that the said court judgment is a victory for constitutionalism, rule of law and due process.
Also In a swift reaction to the judgment, the Chairman of the University’s Branch of SSANU, Comrade Onofua Thomas said that the judgment was in consonance with the expectation of all members of SSANU, NAAT and NASU, saying that “To God be the glory”.