An Appraisal of the Right to Unionize Under Nigeria's Trade Unions Act 2004 (as Updated)

Abstract

This paper focuses on the right of workers and employers in Nigeria to unionize. Workers and employers individually and collectively have the right to belong to or not to belong to trade unions/federations of trade unions of their choice. This is a fundamental right (to freedom of association) guaranteed by the Constitution of the Federal Republic of Nigeria l999,from which no derogation is permitted, save in accordance with the provisions of the Constitution. However, we have found that the right to unionize is not an absolute one, since statutorily, members of some organizations are prohibited from forming or becoming members of trade unions; and administrative orders as opposed to judicial pronouncements have been used to sanction or proscribe some trade unions. The Trade Unions Act 2004 (as updated) decentralizes the Central Labour Organization, thereby paving the way for the emergence of federation of trade unions; and unions that form a federation of trade unions need not be in the same trades, occupations and industries. The Act further provides that only a registered trade union shall be allowed to function or perform any act for achieving the purpose for which the union has been formed. Furthermore, membership of a trade union is voluntary and without any discriminatory grounds as to community, tribe, place of origin and religion, similar to, though not having exactly the same contents as, the more general provisions of section 42 of Nigeria's Constitution. However, more fundamentally, the ‘right’ to unionize itself is ‘discriminatory’ to the extent that members of some organizations and persons holding certain managerial positions are outrightly prohibited from unionizing. Some provisions of Nigerian labour laws conflict with some provisions of the conventions and Constitution of the International Labour Organization (ILO), consequent upon which Nigeria has come under the searchlight of the" ILO. Nigeria, being a member of the ILO is under obligation to comply with international labour standards/best practices. The right to unionize should be expanded; unnecessary administrative interference in, or encroachment 'on, labour matters and rights ought to stop; information dissemination on labour issues should be stepped up; restriction on right to unionize should apply only to establishments that are regarded internationally as performing critically sensitive functions. If that is done, the right to unionize will make more sense to Nigerian employers and workers.