The National Industrial Court of Nigeria has directed the Federal Government and the Registrar of Trade Unions to register the National Association of Non-Teaching Staff of Nigerian Universities (NANTS) as a trade union, ending a legal battle over the union’s recognition.
Delivering judgment, Justice Osatohanmwen Obaseki-Osaghae ruled that the authorities were obligated under the law to register NANTS and issue it with a certificate of registration.
The suit was instituted by Niyi Akinnibi on behalf of the association, seeking a court order compelling the government to recognise and register the union under the Trade Unions Act.
Joined as defendants in the case were the Registrar of Trade Unions, the Minister of Labour and Employment, and the Attorney General of the Federation.
In the judgment, the court held that the refusal of the Registrar of Trade Unions and the Minister of Labour and Employment to register NANTS was unlawful.
Justice Obaseki-Osaghae subsequently granted a mandatory order directing the defendants to immediately register the association and issue it with the required certificate.
The court also issued a perpetual injunction restraining the defendants, their agents, privies, assigns, or any other persons acting on their authority from denying the association registration as a trade union.
Part of the judgment stated: “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 Unions Act.
“A declaration is hereby made that the refusal of the first and second defendants to register the claimant’s National Association of Non-Teaching Staff of Nigerian Universities as a trade union under the Trade Unions Act is wrongful.
“A mandatory order is hereby made directing the first and second defendants to register forthwith and/or issue the claimant forthwith with the certificate of registration of the National Association of Non-Teaching Staff of Nigerian Universities as a trade union under the Trade Unions Act.”
The court further ordered that the defendants should not take any action capable of preventing the association from operating as a registered trade union.
NANTS emerged from members who withdrew from the Non-Academic Staff Union of Universities (NASU) and sought independent recognition.
The association is reported to have established branches across federal and state-owned universities in Nigeria.
The judgment is expected to pave the way for the formal registration of the new union and its participation in labour-related activities within the country’s university system.
