The National Industrial Court sitting in Abuja has directed the Federal Government and the Registrar of Trade Unions to register the National Association of Non-Teaching Staff of Nigerian Universities as a legally recognised trade union.
Delivering judgment, Justice Osatohanmwen Obaseki-Osaghae held that the refusal of the relevant authorities to register the association was unlawful and contrary to the provisions of the Trade Union Act.
The case, filed under suit number NICN/ABJ/345/2023, was instituted by a representative of the association, Comrade Niyi Akinnibi, who asked the court to compel the government to grant formal recognition to the group as a trade union.
The defendants in the suit included the Registrar of Trade Unions, the Minister of Labour and Employment, and the Attorney General of the Federation.
In her ruling, Justice Obaseki-Osaghae declared that the government is legally bound to register the association, stating that the refusal to do so was unjustified.
She ruled: “A declaration is hereby made that the defendants are bound to register the claimant’s National Association of Non-Teaching Staff of Nigerian Universities as a trade union under the Trade Union Act.”
The court further held that the earlier refusal by the authorities was wrongful, adding that the association is entitled to full recognition under the law.
“The refusal of the first and second defendants to register the claimant’s association as a trade union is wrongful,” the judgment read.
The court also issued a mandatory order directing the government to immediately complete the registration process and issue the certificate of recognition to the association.
“A mandatory order is hereby made directing the first and second defendants to register forthwith and issue the certificate of registration to the claimant as a trade union,” the judge added.
In addition, the court granted a perpetual injunction restraining the defendants or their agents from denying the association recognition as a trade union in the future.
The ruling is expected to strengthen the position of non-teaching staff in Nigerian universities, many of whom recently broke away from the Non-Academic Staff Union of Universities (NASU) to form NANTS, which now has branches across federal and state institutions.
