I once served as the Chairman of the Industrial Arbitration Panel, a Federal Government of Nigeria agency for the resolution of Labour disputes where I dealt with matters relating to your question.
In response to your question, under Nigerian law, a company cannot lawfully prohibit or prevent its employees from joining trade unions. Here’s why:
1. Constitutional Right
• Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees freedom of association, including the right of every person to form or belong to a trade union.
• Any company rule, policy, or contract that seeks to strip workers of this right is void for being unconstitutional.
2. Trade Unions Act (Cap T14, Laws of the Federation of Nigeria 2004)
• This Act provides for the registration and operation of trade unions in Nigeria.
• Section 1 explicitly recognizes trade unions and their role in representing workers’ interests.
3. Labour Act (Cap L1, LFN 2004)
• The Act regulates employment matters. It recognizes workers’ rights to belong to trade unions.
• Employers are prohibited from victimizing workers for union activities (e.g., dismissal, denial of promotion, intimidation).
4. International Labour Standards (ratified by Nigeria)
• Nigeria has ratified several International Labour Organization (ILO) conventions, including:
• Convention No. 87 (Freedom of Association and Protection of the Right to Organise)
• Convention No. 98 (Right to Organise and Collective Bargaining)
• Ratified treaties reinforce Nigeria’s obligation to uphold workers’ union rights.
5. Court Decisions
• Nigerian courts, including the National Industrial Court and the Industrial Arbitration Panel, have consistently held that employers cannot stop employees from unionizing. Attempts to make “non-union membership” a condition of employment are considered illegal and unenforceable.
In conclusion, a company in Nigeria is not covered by law to demand that workers should not join trade unions. Such a demand violates the Constitution, the Labour Act, the Trade Unions Act, and international labour conventions binding on Nigeria.
Evuul Ferrari
Abuja District
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