ABSTRACT

This Dissertation aims at appraising the Tortious Liability of Trade Unions in Nigeria in relation to the existing laws such as Trade Union Act, 2005 and Trade Dispute Act, 2005. The research methodology here is Doctrinal Methodology, which involves the use of relevant books, articles, journal, publication, conference papers, and judicial authorities. The statement of the problem is whether or not  the law has adequately afforded trade union immunity against civil persecutions and what are the nature of tortious act that may lead to tortious liability envisage by this section of the Trade Union Act. For example, the protection given to the unions under sections 43 and 44 (Part v) of the Trade Union Act, 2005 is not an absolute one. Any act done outside the contemplation of the said section attract civil liability on the unionist. The justification of this research is that trade union rules are not being implemented in Nigeria and consequently, the practice is different from the law. In view of this, the objective of the dissertation is to examine the adequacy or otherwise of existing rules of trade unions in Nigeria  and to identify reasons accounting for such irregular practices. However, this research found that Trade Union Act, 2005 is not beneficial to the people because Section 33(1) of the Trade Union Act, 2005 states that no person shall be an official of more than one federation of trade unions at the same time. This makes an official restricted to only one federation of trade union. In this regard, therefore, the research concluded by recommending that person should not be allowed to be an official of more than one federation of trade unions.

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.