The National Industrial Court of Nigeria (NICN), sitting in Benin City has declared as unconstitutional, illegal, null and void the June 8, 2022 directive of the Edo State Government suspending trade unions’ activities in tertiary institutions in the state.
Claimants in the suit were Dr Cyril Onogbosele, Chairman, Academic Staff Union of Universities (ASUU), Ambrose Alli University chapter, and Assistant Secretary of the same chapter of ASUU, Dr William Odion on behalf of the union.
The defendants were the governor of Edo State, Mr Godwin Obaseki and the Attorney-General of the state.
Delivering judgment on suit No: NICN/BEN/40/2022, 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 by saying “The court judgment is a victory for constitutionalism, rule of law and due process.”
Recall that 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 where it prayed a declaration 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.”