The National Industrial Court of Nigeria (NICN) in Benin city has declared the Edo state government’s June 8, 2022 verdict halting trade union activities at the state’s tertiary institutions unconstitutional, illegal, and null and void.
The judgement followed suit No: NICN/BEN/40/2022 filed by the chairman of the Academic Staff Union of Universities (ASUU), Ambrose Alli University chapter, Dr Cyril Onogbosele, and Assistant Secretary, Dr William Odion on behalf of the union against the defendants, the governor of Edo state, the Attorney General of the state, and the Edo state government.
Delivering the judgment, Justice AA 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 yesterday, Onogbosele hailed the judgment saying “The court judgment is a victory for constitutionalism, rule of law and due process”.
Angered by the directive of Governor Godwin Obaseki 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 to seek among other reliefs “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.”