New Telegraph

Union registration: NUT clarifies ASUSS’s position

Following the crisis that has engulfed the registration of a new teachers’ union, Academic Staff Union of Secondary Schools (ASUSS), the leadership of the Nigeria Union of Teachers (NUT) has come out to lay bare and throw light on the position of the court as regards the authenticity of the body. In a statement made available to New Telegraph, NUT described the information being circulated as a deliberate mischief, misinterpretation and falsehood to the effect that the Supreme Court on the January 15, 2021, delivered judgment granting secondary school teachers a new trade union known as Academic Staff Union of Secondary Schools (ASUSS); which is rather strange and unfounded.

It noted that ASUSS was not registrable as a trade union, adding that “to the best of our knowledge, the subject matter on appeal is ASUSS vs NUT, which was before the Supreme Court bordering on the jurisdiction of the Federal High Court to grant the restraining order sought by the Nigeria Union of Teachers (NUT) against the Hon. Minister of Labour and Productivity to unilaterally register a trade union contrary to the provisions of Ss. 3(2), 5 (4) of the Trade Union Act CAP. T14 LFN 2004.

“The contest of the jurisdiction of the Federal High Court to hear the suit of Nigeria Union of Teachers (NUT) vs Academic Staff Union of Secondary Schools (ASUSS) was upheld by the Federal High Court Abuja, which was appealed by the ASUSS to the Court of Appeal and Supreme Court respectively.

The learned Lords of the Supreme Court per His Lordship Chima Centus Nweze, JSC in his lead Judgment held. “Under the doctrine of stare decisis, we are bound by these decisions. It follows therefore, that in the instant case, where His Lordship E. Ekanem, JCA who did not participate in the hearing of the appeal, rendered a judgment thereon, the lower court, in so far as the panel that delivered the judgment was different from the panel that heard the appeal, was incompetent. The appeal is therefore allowed. The judgment delivered on 9/6/2014 is a nullity and must be and is hereby set aside. Appeal No. CA/A/256/09 shall be remitted to the Court of Appeal, Abuja Division, to be heard by a different panel of that court. “I also agree that the resolution of issue 1 is conclusive of the appeal.

There is no need to consider issue 2. The parties shall bear their respective cost in the appeal.” NUT noted that in accordance with the decision of the Supreme Court, the great NUT was awaiting the transmission of the matter to the Court of Appeal for the rehearing on jurisdiction of the Federal High Court.

It said: “The group of secondary school teachers led by Mr. Samuel Omaji making a hollow, deceptive and false claim to have obtained judgment to unionize secondary school teachers is reckless, complete falsehood and extraneous to the decisions of the Supreme Court, as well as and other relevant Labour Laws of the Federal Republic of Nigeria.

“Our numerous correspondences from the Federal Ministry of Labour and Productivity herein clearly sates: in the letter ref No. ML.ITU/128/1/200 on 5th October, 2007 addressed to ASUSS, in that letter, the Registrar of Trade Unions said inter alia: I refer to your letter dated 13th August 2005, on the above subject and to inform you that your association is not registrable as a trade union in view of Section 5(4) and 3(2) of the Trade Union Act Cap 437 of LFN 1990

Read Previous

Firm rewards winners with N10m worth sholarship grants

Read Next

Manufacturers lament unfriendly regulatory policies

Leave a Reply

Your email address will not be published. Required fields are marked *