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BREAKING: Court Orders FG to Register New University Workers’ Union, Declares Refusal Unlawful

 

The National Industrial Court in Abuja has directed the Federal Government to formally register the National Association of Non-Teaching Staff of Nigerian Universities (NANTS) as a recognised trade union, ruling that the continued refusal to grant the association legal status violates the law.

The landmark judgment, delivered by Justice Osatohanmwen Obaseki-Osaghae, is expected to have significant implications for labour relations and representation among non-teaching staff in Nigerian universities.

According to court documents made available on Tuesday, the decision arose from a suit filed by NANTS seeking legal recognition under the provisions of the Trade Unions Act.

NANTS Challenges Refusal to Register

The case, marked NICN/ABJ/345/2023, was instituted by the association through its representative, Comrade Niyi Akinnibi.

NANTS approached the court after repeated efforts to secure registration as a trade union allegedly failed, prompting the association to seek judicial intervention.

Named as defendants in the suit were the Registrar of Trade Unions, the Minister of Labour and Employment, and the Attorney General of the Federation.

The association argued that it had fulfilled the legal requirements for registration and was entitled to operate as an independent trade union representing the interests of non-teaching university employees across the country.

Court Declares Government Action Wrongful

In its judgment, the court held that the relevant authorities were legally obligated to register the association and could not lawfully continue to withhold approval.

Justice Obaseki-Osaghae ruled that the refusal of the Registrar of Trade Unions and the Ministry of Labour to register NANTS was unjustified and contrary to the provisions of the Trade Unions Act.

The court consequently issued a declaration affirming that the association was entitled to registration and recognition as a trade union.

Part of the judgment stated that the defendants were bound by law to register the National Association of Non-Teaching Staff of Nigerian Universities and that their refusal to do so was wrongful.

Immediate Registration Ordered

Beyond declaring the government’s action unlawful, the court issued a mandatory order compelling the authorities to immediately complete the registration process.

The judgment directed the Registrar of Trade Unions and the Minister of Labour and Employment to issue NANTS with its certificate of registration without further delay.

The ruling effectively grants the association the legal foundation required to operate independently, engage in collective bargaining, and represent the interests of its members within Nigeria’s university system.

Perpetual Injunction Granted

The court also granted a perpetual injunction preventing the government and its agencies from taking any future action capable of obstructing or denying the association’s registration.

The order extends to government officials, agents, representatives, and any authority acting on behalf of the defendants.

Legal observers say the injunction strengthens the court’s decision by ensuring that the registration process cannot be frustrated through administrative or bureaucratic measures.

New Chapter for University Workers

The judgment is widely seen as a major breakthrough for members of NANTS, who have been campaigning for independent representation within the tertiary education sector.

Sources familiar with the development revealed that the association emerged following a split from the Non-Academic Staff Union of Universities (NASU), with members seeking a separate platform to advocate for the welfare and professional interests of non-teaching staff.

Over the years, NANTS reportedly established structures and branches in several federal and state-owned universities across Nigeria, strengthening its claim that it possesses the nationwide presence required for trade union registration.

Implications for Labour Representation

Labour analysts believe the ruling could reshape the landscape of university workers’ representation by introducing another recognised voice within the non-academic workforce.

With legal recognition now ordered by the court, NANTS is expected to gain the authority to participate in negotiations, industrial relations discussions, and policy engagements affecting non-teaching employees in higher institutions.

The decision may also influence future debates on freedom of association and the rights of workers to form and register unions that reflect their specific professional interests.

As stakeholders await the implementation of the court order, attention is likely to focus on how the new union positions itself within Nigeria’s broader labour movement and the role it will play in advocating for university workers nationwide.

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