The decision issued by the state government on June 8, 2022, halting trade union activities in the state's tertiary institutions, has been ruled unconstitutional, illegal, null, and void by the National Industrial Court of Nigeria, sitting in Benin City, the capital of Edo State.
Remember that the Academic Staff Union of Universities' Ambrose Alli University chapter filed a lawsuit against Governor Godwin Obaseki's order suspending all unions in the state's tertiary institutions with the NICN under the case number NICN/BEN/40/2022.
The defendants in the lawsuit were Obaseki, the state attorney general, and the Edo State government. The plaintiffs were the ASUU chairman, the AAU chapter, Dr. Cyril Onogbosele, and Assistant Secretary, Dr. William Odion.
Additionally, the ASUU, AAU Chapter requested that the court rule that the defendants' "order or directive for the suspension of trade union activities at Ambrose Alli University, Ekpoma is unconstitutional, illegal, null and void and same is ultra vires the defendants' powers."
“A declaration that the defendants have no power whatsoever to interfere or intermeddle with the claimants’ exercise of their rights, as members of a registered trade union, Academic Staff Union of Universities to engage in trade union activities at Ambrose Alli University, Ekpoma.
“An order of perpetual injunction restraining the defendants, their servants, employees and/or agents from interfering with or intermeddling in the claimants’ exercise of their fundamental right to engage in trade union activities at Ambrose Alli University, Ekpoma.
“An order of perpetual injunction restraining the defendants, their servants, agents and/or privies from taking any form of disciplinary action against the claimants on account of their trade union activities at Ambrose Alli University, Ekpoma.”
The state government made a mistake by suspending trade union activity at the AAU and other tertiary institutions in the state, Justice A. A. Adewemimo ruled in his decision.
In response to the ruling on Sunday, Onogbosele praised the decision, stating that "The court judgment is a victory for constitutionalism, the rule of law, and due process."