AN APPRAISAL OF THE TORTIOUS LIABILITY OF TRADE UNIONS IN NIGERIA

CHAPTER ONE GENERAL INTRODUCTION

         Background to the Study

The background of organized Trade Union Movement in Nigeria dates back to 1912 when the workers in the Civil Service under the then Colonial Administration organized themselves into workers representatives. This then became known as the Nigeria Civil Service Union. This became a pivot with which workers in other sectors began the agitation for the formation of Trade Unions before and after independence in 1960.By 1975 during the Military regime of General Murtala Muhammad, Trade Unions in the country have risen to over 1000 which include Mushroom Unions.

In the year 1976, the Government established a Commission of inquiry into the activities of the various Unions and appointed an administrator to administer the unions and come up with a structure for the proper administration of the Unions. This became necessary as the Unions were polarized into ideological divide which was creating problems in the country. Towards the end of 1977, these Unions were restructured into 42 along industrial line. The government also insisted on the formation of a Labour Centre as there were various multiple centres. In February 1978, the Nigeria Labour Congress was formed and inaugurated. The then 42 Industrial Unions became affiliates of the Nigeria Labour Congress with a legal backing of Trade Union (Amendment) Decree 22 of 1978.

Also in the year 1989, the Trade Unions were again restructured to become 29 affiliate unions to the Nigeria Labour Congress. However, the Obasanjo administration in 2004 worked on a Labour Act to again pave way for multiple centres.

         Statement of the Problem

It is known that an individual worker has no bargaining power due to the emergence of huge corporations, which has huge number of workers and can act in combination in order to exact their influence on management concerning the affairs that affect them all. In so doing, they may exceed their limited power leading in their actions amounting to liabilities.

In order for trade unions to achieve their aim, the Trade Union Act¹ has provided them with ―immunity‖ against tortious act they commit or on behalf of the trade union in compellation of or in furtherance of a trade dispute. In S. 24 (1) and (2), 43 and 44 (1) and (2) of Trade Unions Act², trade unions or their agent are liable in tort for any unlawful act done outside these provision.

Tortious liability of Trade Union in Nigeria is about offences committed in the trade unions in their respective employments while acting in furtherance of their interests. Privatization resulted in the expansion of many previously owned government‘ corporations by private corporations and the liberalization of many sectors of the Nigeria economy led to the exercise of the constitutional rights of employees to freely join trade unions for the protection of their rights. The study recommended that the Trade Union Amendment Act 2005 need to be amended with a view to discourage government on trade union activities.

The politicization of the existing Trade Unions group has equally undermined the institutionalization  of  ―best  Trade  Union  practices‖  in  Nigeria.  Employers‘  resist  suit  to participation of Trade Union‘s activities could be attributable to the lack of proper understanding and or lack of appreciation of the law regulating Trade Unions Law in Nigeria, and their benefits to both private and public sectors of production.