ASUU, CONUA & NAMDA: A Review of the NICN Decision

During the peak of the strike action of the Academic Staff Union of Universities (ASUU) strike in 2022, news broke out that the Federal Government had registered two new unions of university academic staff. The two unions are the Congress of Universities Academics (CONUA) and the Nigerian Association of Medical and Dental Academics (NAMDA). The registration of these unions was seen in several quarters as a direct affront to the continued existence of ASUU, which is now known for its incessant strike actions. This article reviews the background of CONUA and NAMDA, the registration of the two unions, and the decision of the National Industrial Court of Nigeria in the suit challenging the registration of the union.

A brief history of CONUA and NAMDA

The first time that the existence of the two unions attracted public awareness was when newspaper publications across the country announced that the Federal Government had registered the unions. Although the registration was seen as a means of breaking the backbone and monopoly enjoyed by ASUU as the only union of academics, the leaders of CONUA have disputed the claim. In fact, the union was said to have submitted its application for registration in 2018.

The National Coordinator of CONUA, Dr Niyi Sunmonu, in a statement issued to press men, noted that, “The registration of the Congress of University Academics (CONUA), as a trade union in the Nigerian university system, is monumentally historic. The hurdles we have faced to get here, since 2018 when we submitted our application for registration, have been seemingly insurmountable. The registration is therefore the validation of the power of the human will. It asserts the value of courage, initiative, focus, tenacity, patience, forbearance and persistent positive thinking.

CONUA was birthed at the Obafemi Awolowo University as a result of a crisis at the local chapter of ASUU in the school. This made the leaders and members of the union to call on the national leadership of ASUU to resolve the conflict. In the end, some of the members were not convinced that the national leadership of ASUU was acting in their favour when the issues dragged till 2018 without any solution.

It was the need to protect their interest that led to the formation of a rival union, CONUA. Presently, the list of universities under CONUA includes the following, Michael Okpara University of Agriculture, Umudike; University of Benin; Federal University, Lokoja; Federal University, Oye-Ekiti; Kwara State University, Malete; Ambrose Alli University, Ekpoma; Ahmadu Bello University, Zaria; University of Nigeria, Nsukka; University of Jos; and Obafemi Awolowo University, Ile-Ife.

ASUU’s response to the registration of CONUA and NAMDA

In response to the registration of the two unions, the National President of ASUU in a chat with Vanguard stated that, “That does not in any way affect us. We are a disciplined and focused union and we know what we are doing and what we are after. Let them register as many unions as they like. That is inconsequential as far as we are concerned. We are not also in any way threatened. The sky is big enough for birds to fly.”

It was however a surprise that despite these comments as to the perceived insignificance of the purported registration of the unions, ASUU would eventually pursue a matter against them at the National Industrial Court of Nigeria.

The legal battle to protect ASUU’s monopoly

ASUU filed a suit at the National Industrial Court of Nigeria on October 26, 2022 and two questions were submitted to the court or determination which are, whether the Minister of Labour is competent to register CONUA and NAMDA to co-exist alongside and carry out the same functions with ASUU in the Universities in Nigeria and whether the Registrar of Trade Unions is competent to register CONUA and NAMDA to co-exist alongside and carry out the same functions with ASUU in the Universities in Nigeria.

ASUU among other things asked the court for a declaration that the Minister of Labour is not competent to register NAMDA and CONUA to co-exist alongside and carry out the same functions with the claimant in the Universities in Nigeria. A declaration that ASUU is the only trade union legally recognized under the Trade Unions Act, 2004 (as amended in 2005) and legally empowered by Trade Union Act to serve as a trade union for all academic staff in all universities in Nigeria.

ASUU went further to seek a declaration that the registration of ASUU and CONUA by the Minister of Labour on or about the 4th day of October, 2022 is illegal, null and void and of no effect whatsoever. An order mandating the Minister of Labour and the Registrar of Trade Unions to withdraw the Certificate of Registration issued to NAMDA and CONUA respectively. Also, ASUU sought an order restraining the CONUA and NAMDA from further parading themselves as trade unions capable of unionizing academic staff in the Universities in Nigeria.

The decision of the National Industrial Court of Nigeria

The Court started by clarifying the date of registration of CONUA, to wit that contrary to the claims of ASUU that the union was registered in October 2022, the certificate of registration and other accompanying documents were issued on January 13, 2023. The Court noted that there was no evidence from ASUU to prove that CONUA was registered as a trade union as at the time the matter came up. The newspaper report of THISDAY which was relied upon as the basis for the claim titled, “FG Registers Two New Universities Unions in Bid to Split ASUU” was declared to be hearsay evidence that cannot substantiate and prove the case of the Claimant.

The court held that NAMDA is not a competent party before the court because ASUU sued them as “National Association of Medical and Dental Academics”, instead of “Nigerian Association of Medical and Dental Academics.” The court explained that this would have been a mere misnomer that could be corrected by mere amendment, but relying on the decision in Omisore & Anor v. Aregbesola & Anor, the only ground such could be treated as a misnomer is “if the person misnamed is a juristic entity and is in existence” at the time the matter was instituted. It suffices to say that NAMDA wasn’t a juristic entity and not in existence when ASUU rushed to institute the matter in court.

The court also held that since there was no evidence that CONUA was registered when ASUU approached the court, it cannot be said that CONUA is a competent party before the court. Therefore, both CONUA and NAMDA were not competent parties before the court. The court also held that the Minister of Labour & Employment and the Registrar of Trade Unions were yet to register CONUA and NAMDA when the suit commenced, and as such the matter was a mere speculative and academic exercise.

In a bid to avoid subsequent suits on the matter if the case is decided on technicalities the court noted that even if the claimant properly filed the suit and the Minister of Labour and Registrar of Trade Unions actually registered CONUA and NAMDA at the time that the suit was filed, the two unions would have been properly registered. The justification for this was drawn from the ILO Convention No. 87 and the court’s reasoning in NASU v. Comrade Niyi Akinnibi. In the words of the honourable judge, “Section 25 (of the Trade Union Act) accordingly does not intuit trade union monopoly. It intuits trade union plurality.”

The decision of the court brought an end to the debate on whether ASUU has the monopoly of being the only academic union for universities by validating the registration of CONUA and NAMDA.