BOUESTI : SSANU Slams Governing Council Over Illegal Proscription of Union And Usurpation Of Powers Of President of Nigeria

….. Alleges bullying, oppression, victimization, breach of fundamental human right.

The Senior Staff Association of Nigerian Universities ( SSANU) has described the proscription of the Union at the Bamidele Olumilua University of Education, Science and Technology (BOUESTI), Ikere- Ekiti as illegal, unconstitutional and usurpation of the powers of the President of the Federal Republic of Nigeria. The Union equally affirmed that the position of the Management of the BOUESTI directing the handover of union properties to the University authorities is without lawful authority or justification.

The position of the Union was contained in a letter dated September 1, 2023 and addressed to the Pro- Chancellor and Chairman of Governing Council of  BOUESTI by JIWOROBLAW solicitors, legal practitioners and consultants to SSANU, ValidViewNetwork reports

The letter read : “ Our client has forwarded to us your several written communications on the above subject 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 31^st, 2023, REF: BOUESTI/RO/139/VOL.V/33, all made to its members in your institution, communicating the proscription of our client’s union from the Bamidele Olumilua University of Education, Science and Technology (BOUESTI) as well as directing the handover of our union properties to the University authorities.

SSANU affirmed that it was not aversed to the University Administration invoking powers within its constitutional right to punish any erring staff but insisted that it is not and cannot be within the powers of a University Administration to proscribe a Union and direct that properties of the Union should be submitted to the University.

“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’’.

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The Union had equally alleged that the actions of the University Administration is tantamount to bullying, oppression, victimization, breach of fundamental right of members of the Union and usurpation of the powers of the President of Nigeria.

“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.

“Permit us to also clarify that 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”.

The purported proscription has been widely condemned by SSANU as illegal, unconstitutional, ultra vires and without any legal effect.

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, the letter read.

“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’’.

Reaffirming the commitment of SSANU to industrial peace and harmony, the  letter read : “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’’.

The legal team reinforced its belief that a timely conciliatory approach was better than a legal action, ValidViewNetwork reports. “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.