Abstract:
Industrial disputes between workers’ trade union and employers on issues of conditions of work are
a recurrent problem in Nigeria. Of particular interest are disputes between the Federal Government
of Nigeria (FGN) and the Academic Staff Union of Universities (ASUU), leading to recurring faceoff between both parties. A viable legal framework on collective bargaining is essential in protecting
interests of groups that may interact in a relative power context. Previous studies on industrial
disputes in public universities have focused more on processes of collective bargaining than on its
legal framework. This study was, therefore, designed to examine the legal framework for industrial
disputes and collective bargaining between ASUU and FGN, with a view to establishing their
employer-employee relations.
The Sociological Jurisprudence and Pluralist theories served as the framework. Doctrinal and
qualitative methods were adopted. Primary data included the Constitution of the Federal Republic
of Nigeria,1999; Nigeria’s Labour Act,1974; Trade Disputes Act, 2004 (TDA); Trade Unions
(Amendment) Act, 2005 (TUA); National Industrial Court Act, 2006; Ghana’s Labour Act, 2003;
United Kingdom’s Trade Union and Labour Relations (Consolidation) Act,1992; International
Labour Organisation’s Conventions and Recommendations on Collective Bargaining; and case law.
Secondary data included legal texts, articles and reports. Key informant interviews were conducted
with 30 purposively selected stakeholders: University of Ibadan (executive-2, member-4), Olusegun
Agagu University of Science and Technology (executive-2, member-3), Nnamdi Azikiwe University
(member-5), Ahmadu Bello University (member-2) and University of Abuja (member-2); two
National Universities Commission officials, four Principal University Management staff; two Senior
officials of Federal Ministry of Labour and Employment and, two Senior officials of Federal
Ministry of Education. Data were subjected to jurisprudential and content analyses.
The legal framework makes inadequate provisions for collective bargaining and enforcement of
collective agreement in Nigeria. Section 40 of the Constitution recognises the right to form or belong
to a trade union to protect workers’ interests. Although Nigeria’s Labour Act contains provisions on
what collective bargaining and agreement entail, nonetheless gives allowance for non-usage, it states
no penalty for non-compliance with their processes where utilised. The TDA stipulates processes
for disputes settlement, penalty for defaulting is inconsequential and not at par with global industrial
realities. Section 16, TDA provides for interpretation of collective agreement, subject to Court’s
decision and is considered final and conclusive. Inadequate fiscal support and research funds for
public universities, imposition of Integrated Payroll and Personnel Information System as the
payment platform for public universities’ academics were unsuitable for the university system and
should be jettisoned. The process of collective bargaining between FGN and ASUU had lost its
usefulness due to FGN’s constant call for re-negotiation of settled matters.The FGN claimed to have
signed past agreements under duress and considered ASUU unrealistic in its demands.
Although a legal framework exists for collective bargaining, their provisions are however inadequate
in curbing industrial disputes between the Federal Government of Nigeria and Academic Staff Union
of Universities; tilting towards the Government’s interest. Extant laws regulating collective
bargaining and agreements should be reviewed to make them binding and enforceable.