Court voids Obaseki’s suspension of trade unions’ activities in Edo tertiary institutions

From Tony Osauzo, Benin

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

The judgment was sequel to a suit No: NICN/BEN/40/2022 brought before the court by the Chairman, Academic Staff Union of Universities (ASUU), Ambrose Alli University chapter, Cyril Onogbosele, and Assistant Secretary, William Odion, on behalf of the union against Edo governor, the attorney general and the state government who are defendants,

Delivering the judgment, 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, yesterday, Onogbosele hailed the judgment as 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 rights 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.”