By Mustapha Babalola Toheeb
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On the 5th of October 2022, a foremost constitutional lawyer, Mr Femi Falana SAN during an interview on Arise TV stated that the registration of the Congress of Nigerian University Academics (CONUA) is illegal and that two trade unions cannot exist at the same time.
With profound respect and humility to the Learned Silk, I object to the abovementioned assertions of Mr Falana SAN. The law is trite that everyone has the right to be part of an association which they desires to join, this right has been guaranteed by the provisions of Section 40 of the Constitution of the Federal Republic of Nigeria 1999 as amended which is to the effect that no one can be coerced or forced to be part of an association. Therefore, no one can be forced to be part of a trade union
Furthermore, the Trade Unions (Amendment) Act which regulates the activities of trade unions in Nigeria has recognized the power of the Registrar of Trade Unions to register trade unions in Nigeria.
Apart from giving the power to register trade unions to the Registrar of Trade Unions, Section 5 of the Trade Dispute Act has left the registration of trade unions to the discretion of the Registrar of Trade Unions where it provided that the Registrar shall not register the trade union if it appears to him that any existing trade union is sufficiently representative of the interests of the class of persons whose interest the union is intended to represent.
The effect and consequence of the above provision is that the Registrar of the Trade Union can decides to register another trade union if he/she is convinced that the existing one has not sufficiently represent the interest of its members.
Therefore, the registration of CONUA is legal and free off any illegalities since all the requirements provided by the law has been followed.
The case of Osawe v Reg. Trade Unions (1985) NWLR (Pt.4) 755 is also instructive on issues like this.
Citing the words of Mr Musbahu Alamu Lateef, a Law Lecturer at the University of Hull, while giving his commentary on the Osawe case in relation to the registration of CONUA. He stated that the Supreme Court in Osawe upheld the refusal of Registrar to register a trade union and decided that it is left to the discretion of the Registrar to determine whether or not he is satisfied that a new applicant deserves a registration. So, the Osawe case didn’t really establish any rule of general application or so. What will determine registration from time to time is the peculiar facts of each case. In the Osawe case, the Registrar declined registration and the applicant went to court. Meanwhile, there are other subsequent judgements of Supreme Court since the case of Osawe which emphasized on the discretion of the Registrar.
The National Industrial Court has also confirmed and upheld a registration where the discretion of the Registrar was challenged such as the case new pensioner bodies and the new transport association for private taxi drivers.
It’s my submission that the registration of CONUA is not just legal, its existence alongside ASUU as the trade unions representing the interests of our university lecturers is permissible under law except if a court of law decides otherwise.
I rest my case.
Mustapha Babalola Toheeb writes from Kano, Nigeria. He can be reached via 08106244073 or toheebmustapha15@gmail.com
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