Bamidele Olumilua University of Education, Science and Technology (BOUESTI) Ekiti State chapter of the Senior Staff Association of Nigerian Universities (SSANU) has told the institution and the Pro – Chancellor, that they have no power to proscribe the Union or attempt to appropriate her properties to the varsity.
SSANU which described the proscription of the Union by the Pro – Chancellor and Chairman of Council, Prof. Akin Oyebode, as unlawful, void and without any legal effect whatsoever, even as it faulted the management’s directive that the Union’s property be surrendered to the University, saying it lacks lawful authority or justification.
The Union which was reacting to the proscription through its Counsel, Wofai J. Robert of the Jiworob Law chamber, in a letter addressed to the institution’s Pro – Chancellor, said the action violated the Trade Unions Act (as amended by the Trade Unions (Amendment) Act, 2005), the Trade Disputes Act and thereby constitutes a usurpation of the powers of the President under section of the Trade Disputes (Essential Services) Act No. 23 of 1976.
BOUESTI had vide internal memos dated August 4, 2022, REF: BOUESTI/RO//00/VOL.III/004; August 12, 2022 REF: BOUESTI/RO/99/VOL/III/04; August 28, 2023 Reference No. BOUESTI/RO/139/VOL.V/31; and August 31st, 2023, REF: BOUESTI/RO/139/VOL.V/33, all made to SSANU communicating the proscription of the Union from the varsity.
The Daily Crucible gathered that the University’s action followed what it considered as uncouth behaviours of some leaders of the three Trade Unions (including SSANU) against the constituted authorities of the University on Wednesday, 3rd August, 2022 which resulted to the disruption of peace on campus and forestalled the matriculation ceremony earlier scheduled to hold the following day, 4th August, 2022.
The University Management also directed the handover of the union properties to the University authorities.
The counsel’s letter to the Pro – Chancellor reads, “It is the humble view of our clients, that whilst the University may possess the authority to carry out disciplinary actions against any of its erring staff members, or report unlawful or criminal conducts to law enforcement agencies for appropriate action, it lies outside the power of the University to proscribe a lawfully registered trade union and to attempt to appropriate the properties of the said union as property of the University.
“The contents and tone of the University’s several letters to the executive committee members of our Union therefore suggests an attempt to bully, oppress and victimize our members in BOUESTI on account of their lawful union activities. This is because, pursuant to extant labour laws, only the Federal Government, acting through the President may proscribe certain trade unions and direct the Registrar of Trade Unions to withdraw certificates of registration of trade unions on deserving grounds prescribed by law.
“Moreso, only the Registrar of Trade Unions may even deregister an already registered trade union pursuant to the Trade Unions Act.May we also humbly state that being a registered trade union regulated by the Trade Unions Act (as amended by the Trade Unions (Amendment) Act, 2005), and given the constitutional safeguards for recognition of the fundamental right of citizens to associate and form trade unions enshrined in section 40 of the 1999 Constitution (as amended), the University’s proscription order constitutes a serious breach of the fundamental rights of our client’s members within the employment of the University to be unionized by our client.
“This action also violates the Trade Unions Act (as amended by the Trade Unions (Amendment) Act, 2005), the Trade Disputes Act and thereby constitutes a usurpation of the powers of the President under section 1(1) of the Trade Disputes (Essential Services) Act No. 23 of 1976, which imbues only the President of the Federal Republic of Nigeria with power of proscription in deserving circumstances.
“Therefore, the University’s proscription order, whilst void for being ultra vires the powers of the University or even the state Governor, also has the consequence of unlawfully depriving our members in the employment of the University, the fundamental right to associate and have their interests protected by their trade peers.We further understand that “Proscription” is a legal term with statutory denotation under the Trade Disputes (Essential Services) Act and cannot used as an instrument of unfair labour practice against members of our client in your institution, especially as the power and exercise of proscription may only be resorted to in limited circumstances and upon the conditions prescribed in the Trade Dispute (Essential Services) Act. It is in this light that we note that the University may have been ill advised to resort to the proscription of our client’s union without proper recourse to law.
“A registered trade union such as our client’s union is accountable for its properties and assets only to the Registrar of Trade Unions, to whose office returns are filed annually by all registered trade unions. It was therefore strange that the University is directing the surrender of our clients’ properties to the University. We therefore respectfully advise the University to be properly guided in this regard.Recall that our client has through its national representatives in the Western Zone made several entreaties, through courtesy visits and calls to both the Chairman of the Governing Council of the University, the Vice Chancellor and even the Governor of the State in a bid to engender a peaceful resolution of all issues leading to the unlawful proscription.
” However, all entreaties by our client have failed to result in positive response from the University’s management, leading to frustration of the activities of our client within the University. In conclusion, we advise that the management’s proscription of our client’s union within the Bamidele Olumilua University of Education, Science and Technology Ikere-Ekiti is unlawful, void and without any legal effect whatsoever. In the same vein, the management’s directive that property of the union be surrendered to the University is without lawful authority or justification.
“We humbly advise the University to surrender to good reason by withdrawing the proscription order and refrain from further interference in our client’s properties and affairs in the University. We believe that the interest of industrial peace and harmony would be served best if parties consider a conciliatory approach in settlement of this matter, so that parties are prevented from being constrained to resort to legal actions in court over the issues herein. We therefore look forward to your urgent and positive response as we assure you of our clients’ readiness to meet with management to discuss peaceful options for resolving all issues and instilling peace in the University.”
