ASUU files suit against Obaseki, others over ban on union activities

The Academic Staff Union of Universities (ASUU), Ambrose Ali University, Ekpoma, Edo State has dragged Governor Godwin Obaseki, the Edo State Government, and the Attorney General of the state, to court over the ban on union activities in all state-owned tertiary institutions.

Recall that the state government had suspended all union activities across all state-owned universities following a protest by students of AAU over the persisting nationwide strike by ASUU.

In an originating summons in Suit No NICN/BEN/40/2022 filed at the Benin Division of the National Industrial Court of Nigeria, Chairman and Assistant Secretary of ASUU, Dr. Cyril Onogbosele and Dr. William Odion pray the court to determine whether the state government and others who are the defendants in the suit have the power to suspend or prohibit trade union activities in AAU.

This is following the provisions made in section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and section 35(3) of the Trade Unions Act, Cap. T14, Laws of the Federation of Nigeria.

The claimants also contend that in the event that the parts of the constitution do not give such powers to the defendants, the court should declare their order on the ban of ASUU activities as “unconstitutional, illegal, null and void and same is ultra vires the powers of the defendants.”

They also sought “an order of perpetual injunction restraining the defendants, their servants, employees and/or agents from interfering with or intermeddling in the claimants’ exercise of their fundamental right to engage in trade union activities at Ambrose Ali University, Ekpoma. An order of perpetual injunction restraining the defendants, their servants, agents and/or privies from taking any form of disciplinary action against the claimants on account of their trade union activities at Ambrose Alli University, Ekpoma.”