Court Orders Federal Govt to Register NANTS As New Varsity Workers' Union

The National Industrial Court of Nigeria (NICN) in Abuja has delivered a landmark judgment, ordering the Federal Government to register the National Association of Non-Teaching Staff of Nigerian Universities (NANTS) as a trade union. The court, presided over by Justice Osatohanmwen Obaseki-Osaghae in Suit No. NICN/ABJ/345/2023, declared the refusal by the Registrar of Trade Unions and the Minister of Labour and Employment to register NANTS as unlawful. This decision affirms the fundamental right to freedom of association and the right of workers to form and join trade unions of their choice, compelling the immediate issuance of a certificate of registration to NANTS under the Trade Unions Act, Cap T14, LFN 2004. The ruling has significant implications for trade unionism in Nigeria's tertiary education sector, potentially fostering greater representation and competition among labour bodies.

The landscape of labour relations in Nigerian universities has witnessed a pivotal shift following a recent pronouncement by the National Industrial Court of Nigeria (NICN). In a judgment that underscores the constitutional right to freedom of association, the court mandated the Federal Government to officially register the National Association of Non-Teaching Staff of Nigerian Universities (NANTS) as a recognized trade union. This decision brings to an end a protracted legal battle over the recognition of the newly formed labour body, which had sought to represent the interests of non-teaching staff in universities across the country.

The ruling, delivered by Justice Osatohanmwen Obaseki-Osaghae in Suit No. NICN/ABJ/345/2023, is a significant affirmation of workers' rights to organize and choose their representation, free from undue interference. It directly challenges any perceived monopoly of existing unions within a sector and reinforces the principles enshrined in both national legislation and international labour conventions. The court's directive for the immediate registration of NANTS and the issuance of a certificate of registration under the Trade Unions Act, Cap T14, LFN 2004, marks a crucial development for labour law practitioners and stakeholders in the education sector.

This article delves into the background of the dispute, the legal framework governing trade union registration in Nigeria, the core of the NICN's analysis, and the broader implications of this judgment for the future of trade unionism and industrial relations within Nigerian universities.

The legal framework for trade unions in Nigeria is primarily governed by the Constitution of the Federal Republic of Nigeria 1999 (as amended), particularly Section 40, which guarantees every person the right to assemble freely and associate with other persons, including the right to form or belong to any trade union for the protection of their interests. Complementing this constitutional provision is the Trade Unions Act, Cap T14, LFN 2004, which outlines the procedures for the formation, registration, and organization of trade unions. Section 3 of the Act, in particular, deals with applications for registration, while Section 5 details the procedure upon receipt of such applications by the Registrar of Trade Unions.

Historically, the Nigerian university system has seen various staff unions representing different cadres of workers, such as the Academic Staff Union of Universities (ASUU), the Senior Staff Association of Nigerian Universities (SSANU), the Non-Academic Staff Union of Educational and Associated Institutions (NASU), and the National Association of Academic Technologists (NAAT). These unions have traditionally operated within defined jurisdictional scopes. However, the emergence of new associations, often as splinter groups from existing unions, has led to disputes over recognition and registration. NANTS, for instance, reportedly emerged from members who pulled out of NASU, seeking a distinct platform to represent non-teaching staff in universities. The refusal by the Registrar of Trade Unions and the Minister of Labour and Employment to register NANTS precipitated the legal action, raising fundamental questions about the interpretation of the Trade Unions Act and the extent of the right to freedom of association.

The National Industrial Court's decision in *National Association of Non-Teaching Staff of Nigerian Universities (NANTS) v. The Registrar of Trade Unions, Minister of Labour and Employment & Attorney General of the Federation* (Suit No. NICN/ABJ/345/2023) hinged on a robust interpretation of the Trade Unions Act and the constitutional right to freedom of association. Justice Osatohanmwen Obaseki-Osaghae unequivocally declared that the refusal of the first and second defendants to register NANTS was wrongful and unlawful. While the specific arguments advanced by the defendants for their refusal were not exhaustively detailed in the available reports, such refusals often stem from interpretations of Section 3(2) of the Trade Unions Act, which states that "no trade union shall be registered to represent workers or employers in a place where there already exists a trade union."

However, judicial pronouncements by the NICN and appellate courts have consistently affirmed that the right to form and join a trade union, as guaranteed by Section 40 of the 1999 Constitution, includes the freedom to disassociate or not to associate. This principle has been instrumental in challenging attempts to create monopolies in trade union representation. For instance, in a similar vein, the NICN has previously validated the registration of new academic unions like the Congress of Nigerian University Academics (CONUA) and the National Association of Medical and Dental Academics (NAMDA), holding that Section 27 of the Trade Unions Act allows for more than one trade union in employment. This jurisprudence suggests a judicial inclination towards a broader interpretation of freedom of association, allowing workers to form new unions even where existing ones operate, provided the statutory requirements for registration are met.

The court's mandatory order directing the Registrar of Trade Unions and the Minister of Labour and Employment to forthwith register NANTS and issue its certificate of registration, coupled with a perpetual injunction restraining them from denying NANTS registration, signifies a strong judicial stance against administrative impediments to union formation. This aligns with international labour standards, particularly those espoused by the International Labour Organization (ILO) Conventions, which Nigeria is a signatory to, emphasizing the right of workers to establish and join organizations of their own choosing without previous authorization. The judgment effectively reinforces the idea that the Registrar's role is largely administrative, to ensure compliance with the procedural requirements of the Trade Unions Act, rather than to determine the expediency or necessity of a new union where a similar one exists, especially when such a determination infringes on fundamental rights.

This ruling also implicitly addresses the issue of jurisdictional scope, often a contentious point between established unions and emerging ones. By ordering the registration of NANTS, the court has affirmed the right of a distinct group of workers to form their own union, even if their interests might overlap with those represented by a broader existing union. This promotes healthy competition and ensures that workers have genuine choices in their representation, potentially leading to more effective collective bargaining and advocacy for their specific concerns. The judgment serves as a reminder that the intent of the Trade Unions Act is to facilitate, not hinder, the formation of legitimate worker organizations.

The National Industrial Court's order for the registration of NANTS represents a significant victory for the principles of freedom of association and workers' rights in Nigeria. For legal practitioners, this judgment reinforces the robust interpretative approach of the NICN in upholding fundamental rights against administrative discretion, particularly concerning trade union registration. It signals that the Registrar of Trade Unions and the Minister of Labour and Employment must adhere strictly to the statutory requirements for registration and cannot arbitrarily deny an association's application, especially on grounds that contradict constitutional guarantees or established judicial precedents allowing for multiple unions within a sector.

Practitioners should advise clients, both existing unions and emerging associations, on the implications of this expanded landscape of trade unionism. While it fosters greater choice and potentially more tailored representation for workers, it may also lead to increased jurisdictional disputes and competition for membership. Employers in the university system must now recognize and engage with NANTS as a legitimate bargaining partner. This judgment sets a precedent that encourages the formation of new unions where workers feel their interests are not adequately represented by existing bodies, thereby promoting a more dynamic and responsive industrial relations environment in Nigeria. All stakeholders should watch closely for any appeals or further regulatory guidance that may emerge in response to this landmark decision.