ASUU lawsuit tanks as Court upholds the Congress of Nigerian University Academics (CONUA) and the National Association of Medical and Dental Academics (NAMDA) as unions.
The Academic Staff Union of Universities (ASUU) filed the suit, naming the Minister of Labour and Employment, The Registrar, Trade Union, CONUA, and NAMDA as the first, second, third, and fourth defendants, respectively.
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In his decision, Justice Benedict Kanyip stated that, according to the International Labour Organisation (ILO) Act, there can be more than one trade union inside an employment.
Furthermore, the judge said that, contrary to the claimant’s contention, Section 3 (2) of the Trade Union Act made the first and second Defendants are ineligible to register CONUA and NAMDA to cohabit in universities and perform the same responsibilities as ASUU.
Kanyip stated that the Section does not foster trade union monopolies, but rather encourages the existence of additional trade unions.
“The reliefs prayed by the claimant failed, refused, and I so hold,” the court said. I make no cost-benefit analysis.”
According to the circumstances, the claimant filed the complaint on June 26, 2022, with originating summons.
Mr Femi Falana SAN, the claimant’s attorney, raised two questions for resolution.
Part of the dispute was whether the second defendant could register CONUA under Section 4 (2) of the Nigerian Constitution, as amended, and Section 3 (2) of the TUA and NAMDA to carryout the same function covering the same jurisdiction sphere as the claimant.
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According to the counsel, the second and third defendants registered the third and fourth defendants in an attempt to split ASUU.
In response, the first and second defendants argued that the court should evaluate whether the claimant’s arguments were hypothetical and academic.
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