The Kwara State chapter of the Academic Staff Union of Secondary Schools (ASUSS) has taken a legal stand against the Nigeria Union of Teachers (NUT) and other state agencies over unauthorized deductions from its members’ salaries.
The union, which formally disassociated itself from the NUT in September 2020, alleges continuous and unlawful deductions of check-off dues from its members’ earnings.
The lawsuit, filed at the National Industrial Court, Akure Judicial Division, lists the following as defendants: Kwara State Teaching Service Commission (TESCOM), Commissioner for Finance, Kwara State, Kwara State Head of Service, Attorney General of Kwara State, and the Nigeria Union of Teachers (NUT).
The claimants, represented by Mansur Aduagba, Richard Sunday Olowojobi, Muhammed Kudu Yakubu, and Olaoye Olumide, argue that the deductions are in violation of their constitutional and statutory rights.
The plaintiffs contend that:
1. The unauthorized deductions contravene Section 40 of the 1999 Constitution, which guarantees freedom of association, allowing individuals to choose whether to belong to any group or union.
2. The actions violate Section 12(4) of the Trade Unions Act, 2004, which states that union membership must be voluntary.
3. The deductions breach Section 5(4) of the Labour Act, which prohibits salary deductions for union contributions without explicit written consent.
The union has filed an originating summons, seeking the court’s determination on these key issues and demanding redress.
The claimants are asking the court for the following declarations and orders:
1. Right to Refrain from NUT Membership: A declaration affirming their entitlement to denounce membership of the NUT as guaranteed by the Constitution and the Trade Unions Act.
2. Cessation of Unauthorized Deductions: A declaration that deductions made without written authorization are unconstitutional and null and void.
3. Refund of Deductions: An order mandating the defendants to render accounts of all deductions since 2020 and refund the amounts to affected members.
4. Damages: General damages amounting to ₦10 million for the economic and emotional distress caused by the unauthorized deductions.
The claimants’ counsel emphasized that the defendants’ actions infringe upon the inalienable rights of the claimants, including their freedom of association. Citing several legal provisions, the counsel argued that:
Freedom of Association: Section 40 of the Constitution guarantees the right to freely associate or dissociate from any group.
Trade Union Membership: The Trade Unions Act makes union membership a matter of personal choice, forbidding compulsion.
Salary Protection: The Labour Act protects employees from unauthorized salary deductions, ensuring financial autonomy.
The suit references multiple case laws to support its claims, including N.U.P. vs. INEC (2021) and Police Force vs. Police Service Commission (2024), which highlight the constitutional right to freedom of association and the impermissibility of forced financial obligations.
ASUSS’s move to seek redress at the Industrial Court brings to light the growing tensions between workers and unions over membership and dues.
The outcome of the case will set a critical precedent for labour relations in Nigeria, particularly regarding the rights of employees to freely associate and manage their financial contributions.
As the proceedings unfold, all eyes will be on the National Industrial Court to determine whether the defendants’ actions contravene constitutional and statutory provisions.
