By Adeniyi Akanni
Claim: The registration of the Congress of Nigerian University Academics (CONUA) by the federal government is illegal – Falana.
Full story:
Femi Falana, human rights lawyer and senior advocate of Nigeria (SAN), recently said that the registration of the Congress of Nigerian University Academics (CONUA) by the federal government is illegal.
Mr Falana made this statement during an interview on Arise TV on Wednesday, Oct. 5, explaining that the labour laws in Nigeria do not permit the registration of more than one union in a sector.
He, therefore, described federal government action as a desperate act to end the Academic Staff Union of Universities (ASUU) strike.
ASUU vs CONUA
ASUU has been at loggerheads with the federal government since its commenced strike on Feb. 14, to demand improved funding for universities, and a review of salaries for lecturers, among other issues.
All meetings held to ensure that the lecturers return to class has been futile, leaving students to be the major casualties of the crisis between the government and the academic staff.
On Sept. 21, the national industrial court ordered ASUU to call off its nationwide strike but the union ignored, proceeding to an appeal court to seek a stay of execution of the judgment. The appeal court maintains the position of the lower court.
On the other hand, CONUA was registered last week as a recognised trade union by Chris Ngige, minister of labour and employment. He said the federal government approved CONUA’s registration as part of the duties of the ministry of labour and employment which includes the management of employment relationships and the administration of trade unions to ensure a harmonious industrial relations system in the nation.
CONUA’s history
CONUA was set up as an alternative to ASUU in Obafemi Awolowo University, Ile Ife, Osun State, in early 2018 after accusing the latter of running a monopoly over unionism in Nigerian tertiary institutions.
Niyi Sunmonu, the national coordinator of CONUA, claimed that ASUU’s consistent strike has done more harm than good to the academic system and CONUA would provide an approach better than strike actions.
“CONUA was mooted and birthed by about 750 academic staff (lecturers) of Obafemi Awolowo University, Ile Ife on 12th February 2018, at a meeting held at the Humanities’ Block I Auditorium of the Obafemi Awolowo University. The formal inauguration of CONUA was held on 6th March 2018 at the same venue with over one hundred and twenty members in attendance, including representatives of the University of Ilorin and Kwara State University, Malete,” CONUA wrote on its website.
The union claims to have branches waiting to be inaugurated in over a dozen Nigerian tertiary institutions.
CONUA named the University of Port-Harcourt, Michael Okpara University of Agriculture, Umudike, University of Benin, Federal University, Lokoja, Federal University, Oye, Kwara State University, Malete, Ambrose Alli University, Ekpoma, Ahmadu Bello University, Zaria, and Obafemi Awolowo University, Ile-Ife, as institutions hosting branches.
It also named Olabisi Onabanjo University, Ago Iwoye, University of Abuja, Delta State University, Abraka, and Federal University Otuoke as institutions in the process of inaugurating CONUA branches.
Is CONUA registration illegal?
Section 40 of the Constitution of the Federal Republic of Nigeria (1999 as amended) focuses on the right to peaceful assembly and association. It guides the freedom of the citizens of Nigeria to assemble freely, associate with one another, regulates the freewill to form and belong to any political party, trade union or any legally recognized association.
“Every person shall be entitled to assemble freely and associate with other persons, and in particular, he may form or belong to any political party, trade union or any other association for the protection of his interests”.
Following the provision of the law, it would be illegal to deny any citizen the right to opt out of any association (just as some lecturers left ASUU for CONUA) where such a person is a member.
Also, Section 3 of the Trade Union (Amendment) Act 2005 talks about the registration of a trade union at the discretion of the registrar of trade union where it says the registrar shall not register a new trade union where he is satisfied that an existing trade union can sufficiently represent the interest of a new one applying for registration.
Meanwhile, the Supreme Court has held in several cases that “the registrar of a trade union can register a new one if he/she is satisfied that the extant trade union does not sufficiently represent the interest of the new applicant.”
It is, however, at the discretion of the ministry of labour to decide whether CONUA demonstrates different interests from ASUU.
Conclusion
From available legal provisions, every citizen has freedom of association. And a union may be registered as explained above.
Therefore, Femi Falana’s (SAN) claim that registration of CONUA by the federal government is illegal is MISLEADING!