Protection of trade union rights in Nigeria: Lessons from other jurisdictions

Abstract

The Constitution gives Nigerian workers the inalienable right to form or join a trade union for the protection of their employment interests at the workplace. International instruments recognize this right. The International Labour Organization (ILO) in its Freedom of Association and the Protection of the Right to Organize Convention No. 87 of 1948 recognized the right to organize and the right to strike as core trade union rights. In spite of these provisions, trade unions in Nigeria have continued to suffer mistreatment and violation of their rights by government and its agencies, which includes unfair labour practices. This paper examined the protection of trade union rights in Nigeria, specifically the right to organize and the right to strike. It also examined the factors militating against the protection of these rights. The paper drew lessons from other jurisdictions and found that the high threshold required for the formation of a trade union is contrary to ILO standards and that there is no positive right to strike in Nigeria. It further found that the wide definition of essential service by the Nigerian law denies many workers the right to strike. The paper recommends, among others, legislative reforms by amending the Constitution and the Trade Union Act to provide for the right to strike and reduce the number of persons required to register a trade union from 50 to 10 respectively.