Erasmus Osawe & Ors. V. Registrar Of Trade Unions (1985)

LawGlobal-Hub Lead Judgment Report

O. KAZEEM, J.S.C.

This is an appeal by the appellants against the decision of the Court of Appeal dated 24th January, 1984 allowing the appeal of the respondent who was ordered by the High Court Benin City to register the appellants’ Union.

In order to understand the whole matter clearly, it is necessary to go into the history of the matter. Sometime in December, 1980, the appellants had applied to the respondent for the registration of their proposed Trade Union called “The Nigerian United Teaching Services Workers Union”, otherwise known as “Nigerian Administrative Staff Union of Primary and Post-primary Schools”. The decision to get that Union registered was made at a meeting of representatives of schools and colleges in Bendel State held on 13th December, 1980 as contained in the minutes of that meeting which state as follows:-

“7. The Chairman further called on the delegates to resolve here and then to break away from NASU and, set a machinery in motion to register with the Registrar of Unions in Lagos a body corporate with a different name.

8. The Chairman concluded by reading to the delegates the proposed name of the Union if it is resolved and accepted by all members present to break away from NASU and form a new union that will adequately cater for the interests of the workers in Schools and Colleges in the Unified Teaching Service. The proposed name was given as: “Nigerian Unified Teaching Service Workers Union” NUTSWU.”

The reference to “NASU” in the above con means “Non-Academic Staff Union of Educational and Associated Institutions” which was a registered Trade Union; and it is therefore clear that the Union proposed by the appellants was a break-away group from the one already registered.

It also happened that prior to that time, the Federal Military Government had, because of the proliferation of trade unions in the country, embarked on an exercise to regroup and reorganise them with a view to reducing their number. Hence by Government Notice No. 92 in the Nigeria Official Gazette No.6 vol. 65 of 8th February, 1978, it was inter alia published as follows:-

“Government Notice No. 92

RESTRUCTURING OF TRADE UNIONS

The Federal Military Government has approved, consequent upon the report of the Administrator of Trade Union Affairs and the recommendations of the Commissioner for Labour, the restructuring into 71 industrial unions of the existing registered trade unions of senior and junior staff, professional personnel, self employed persons, independent contractors and employers which are over 800. Consequently, a number of trade unions will have their certificates of registration cancelled. It is in the interest of self-employed persons, contractors, and employers, etc. whose unions will be cancelled to re-group as Co-operative Unions to further the interest of their members as their various unions do not conform with the present concept of a trade union. The proposed 71 industrial unions with their constituent unions and the 277 unions whose registration will be cancelled are listed below:

(a) List of the proposed 71 industrial unions ….

Out of the 71 proposed Industrial Unions in List (a) of the said Gazette was Item 64 – the “Non-Academic Staff Union of Educational and Associated Institutions” – which embraced inter alia a union called “Union of Administrative Staff of Mid-West Colleges” whose registration was later cancelled.

Pursuant to that exercise carried out as published in the Official Gazette, the Trade Union (Amendment Decree 1978) now Act No. 22 of 1978, was promulgated by the Federal Military Government with effect from 3rd August, 1977. The said Act extensively amended the existing Trade Union Act of 1973 (Act No. 31 of 1973) and in Schedule 3 to the Act of 1973 was published as No. 63 the “Non-Academic Staff Union of Educational and Association Institutions” which was deemed to be a Registered Trade Union by the Act.

On the receipt of the appellants’ application for registration, the respondent duly considered it and it was rejected in accordance with Sections 3(2) (as amended) and 5(5) of the Trade Union Act, 1973. He thereafter forwarded to the appellants in compliance with the law, the following letter dated 6th July, 1981

FEDERAL MINISTRY OF LABOUR EMPLOYMENT