By Achadu Gabriel, Kaduna
The National Industrial Court of Nigeria (NICN) has been asked to determine whether the National Universities Commission (NUC) and the Federal Ministry of Education unlawfully denied recognition to the Nigerian Association of Medical and Dental Academics (NAMDA), a registered trade union for medical and dental academics in Nigerian universities.The case, marked NICN/ABJ/421/2024, was heard on May 5, 2025, at the Abuja division of the NICN before its President, Justice Benedict B. Kanyip, PhD, OFR. The court has reserved judgment after listening to arguments from the parties.
NAMDA instituted the suit on November 15, 2024, through an originating summons against the NUC, the Federal Ministry of Education, and the Attorney General of the Federation. While legal representatives appeared for NAMDA and the first two defendants, the Attorney General of the Federation was not represented at the hearing.
Dispute Over NUC Letter
At the centre of the dispute is an NUC letter dated September 2, 2024, with reference number NUC/ES/138/Vol.65/112, which directed the immediate implementation of the White Paper on the 2021 Presidential Visitation Panels to Federal Universities and Inter-University Centres.NAMDA contends that the directive was issued following consultations involving the NUC, the Minister of Education, and the Academic Staff Union of Universities (ASUU), without the participation of NAMDA. The union argues that its exclusion from the process amounts to a denial of its statutory right to recognition, despite being a duly registered trade union.According to the claimant, the action effectively sidelines NAMDA from decisions affecting medical and dental academics across Nigerian universities, thereby undermining its legal standing and role in labour relations within the university system.
Key Legal Questions Before the Court
In its originating summons, NAMDA posed seven questions for the court’s determination. Central among them is whether, under Section 25(1) of the Trade Union Act, the union is entitled to recognition by the defendants.The claimant also asked the court to determine whether the NUC’s September 2 letter violates Section 25(2) of the Trade Union Act, which regulates recognition and engagement with registered trade unions. Additionally, NAMDA is seeking a declaration on whether its right to fair hearing, as guaranteed under Section 36(1) of the 1999 Constitution (as amended), was breached by the defendants’ failure to hear its position before issuing the directive.
Court Proceedings:
NAMDA was represented by counsel A. J. Osayande, with Miss D. O. Gabriel. Akin Adewale appeared for the NUC, while B. S. Kpenkpen, holding the brief of P. C. Ike, represented the Federal Ministry of Education.After hearing submissions from all parties present, Justice Kanyip adjourned the matter and reserved judgment to a later date to be communicated by the court.
Why the Case Matters:
Legal analysts say the NUC recognition dispute raises broader issues about the status of specialised academic unions within Nigeria’s university system. The outcome could clarify whether government agencies may engage a single union on sector-wide policies to the exclusion of other registered bodies.Observers note that the ruling may have significant implications for labour relations in public universities, particularly in fields where multiple unions represent distinct professional interests alongside larger, more established associations.
