May 08, (THEWILL) – The National Industrial Court of Nigeria (NICN), sitting in Benin city, has declared the June 8, 2022 directive by the Edo state government, suspending trade union activities in tertiary institutions in the state, as unconstitutional, illegal, null and void.
The judgement followed a suit No: NICN/BEN/40/2022, brought before the court by chairman, 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 governor of Edo state, the Attorney General of the state and the Edo state government.
The plaintiffs had approached the NICN through their 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.”
Delivering judgement on Monday, Justice AA Adewemimo held 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, Onogbosele hailed the judgement saying “The court judgement is a victory for constitutionalism, rule of law and due process.”
