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Tag: National Industrial Court Nigeria

  • Court to Decide NUC Recognition Dispute Over Medical, Dental Academics’ Union

    Court to Decide NUC Recognition Dispute Over Medical, Dental Academics’ Union

    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.

  • Federal Health Ministry, Psychiatric Hospital Kaduna Accused of Defying Court Orders on Staff Reinstatement

    Federal Health Ministry, Psychiatric Hospital Kaduna Accused of Defying Court Orders on Staff Reinstatement

    By Achadu Gabriel, Kaduna

    A staff member of the Federal Neuro-Psychiatric Hospital, Barnawa, Kaduna, Mr. Kayode G. Abisanya, has accused the hospital and the Federal Ministry of Health of refusing to comply with multiple court judgments ordering his reinstatement and payment of outstanding entitlements.

    Mr. Abisanya, whose appointment was terminated in 2015 by the hospital’s former Medical Director, challenged the dismissal at the National Industrial Court in Kaduna. Through his counsel, Barrister Ibinola O.O.O Meshacq of A.T. Usman–Ibinola & Co., he secured judgment in his favor after six months, with the court directing his reinstatement alongside full payment of arrears of salaries and promotions. Speaking to journalists in Kaduna on September 22, 2025, Abisanya alleged that rather than comply with the ruling, the hospital management advised him to resume work but forget his arrears, claiming there were no funds. When he declined, the hospital appealed the decision, but the Court of Appeal dismissed their case in June 2025, upholding the lower court’s judgment. Despite the final ruling, Abisanya said he has yet to be reinstated. In a letter dated September 22, 2025, his lawyers wrote to the Medical Director of the hospital, demanding immediate compliance with the court order. The letter warned that failure to act within seven days would compel Abisanya to initiate enforcement proceedings against the relevant authorities.“The judgment is now final and binding. Yet, our client has not been reinstated, nor have his entitlements been paid. We demand immediate and full compliance,” the letter stated.

    When contacted, the hospital’s spokesperson, Mr. Haruna Usman, denied any refusal to reinstate Abisanya, attributing the delay to administrative constraints. He explained that the hospital currently has no governing board and that the case, along with 16 others, had been transferred to the Federal Ministry of Health in Abuja for legal handling.“With regard to Mr. Kayode’s issue, we have no reason not to reinstate him. But since we don’t have a board, we must await directives from the Federal Ministry of Health,” Usman said. “The matter is with the ministry’s legal team, which now reserves the right to direct the implementation of the judgment.”

    Abisanya, however, insisted that both the hospital and the ministry are deliberately frustrating him, alleging that he had been turned back on two occasions when he submitted enforcement letters. He vowed to continue pressing for justice until the court’s orders are fully executed.