A Critical Examination of the Constitutionality of the Immunity of Trade Unions Against Tortious Liability Under the Nigerian Law (Published)
It is common place for trade unions to embark on industrial actions, work to rule, picketing and other forms of protests during union agitations, thereby infringing on the rights of members of the public and co-employees which inevitably give rise to perceived tortious acts. The central aim of this research is to examine whether the prevailing legal provisions adequately safeguard trade unions from civil prosecutions and delineate the nature of tortious acts that can lead to liability under the Nigerian Trade Unions Act as well as appraise the constitutionality of any protection thereof. This paper uses the doctrinal legal research methodology to examine existing statutory provisions; research literatures, and case law; to mention just a few to review the divide between the legal regulations governing trade unions in Nigeria which provide immunities for trade union activities and to assess the constitutionality and fairness of the immunities. The findings revealed that the protection granted to trade unions under Sections 24(1) and (2); 43 and 44 (1) & (2) of the Nigerian Trade Unions Act is not absolute as acts conducted outside the contemplation of these sections can result in civil liabilities for trade unionists. The said civil liabilities may take the form of damages awarded to the aggrieved party or an injunction to restrain certain actions. At the end of the work, recommendations were made that the existing legal framework should be expanded to balance the interest of trade unions and third parties in consistent and plausible manners; to incorporate alternative dispute resolution mechanism as a means of balancing any tortious liability that may ensue; among other recommendations.
Keywords: Immunity, tortious liability, trade disputes., trade unions
Immunities and Tenures of Office in the Three Arms of Government in Nigeria: Legal Perspective (Published)
The Nigerian 1999 Constitution clearly recognises and upholds the principle of the separation of power and the need to ensure that each arm of the government operates within the purview permitted by law. Thus, to ensure that each arm of government discharges its functions effectively, the Constitution or existing enactments further provide for their immunities and tenures of office of the members of the executive, legislature as well as the judiciary. The intention of this article is to critically examine from the legal angle the scope and extent of the immunities granted to office holders in the three arms of government as well as the security of their appointments.
Keywords: Constitution, Executive, Immunity, Judicial Officer, Legislature, Tenure of Office