June 16, (THEWILL) – The Ambrose Alli University (AAU) Ekpoma chapter, of the Academic Staff Union of Universities (ASUU), has dragged Governor Godwin Obaseki, Edo State Government and Attorney General of the state, to court over the ban on union activities in all state-owned tertiary institutions.
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, who are claimants in the suit, want the court to determine whether the state government and others, who are the defendants have the power under 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, to suspend or prohibit trade union activities in AAU.
They contend that in the event that the parts of the constitution does 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 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 intermingling in the claimants’ exercise of their fundamental right to engage in trade union activities at Ambrose Alli 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.”
The State Government had, following a protest by students of AAU over the lingering nationwide strike by ASUU, suspended all union activities across all state-owned institutions of higher learning.
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