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 representing medical and dental academics in Nigerian universities.

The suit, marked NICN/ABJ/421/2024, was heard in Abuja on 5 May 2025 before the President of the National Industrial Court, Hon. Justice B. B. Kanyip, PhD, OFR.

NAMDA filed the action on 15th November, 2024, through an originating summons against the NUC, the Federal Ministry of Education, and the Attorney-General of the Federation.

While lawyers appeared for NAMDA and the first two defendants, the Attorney-General of the Federation was not represented in court.

Dispute Over NUC Letter: At the centre of the dispute is a letter issued by the NUC on 2 September 2024 (Ref: NUC/ES/138/Vol.65/112), directing the immediate implementation of the White Paper on the 2021 Presidential Visitation Panels to Federal Universities and Inter-University Centres.

NAMDA argued that the directive followed meetings between the NUC, the Minister of Education, and the Academic Staff Union of Universities (ASUU) alone, without the involvement of NAMDA, despite its status as a registered trade union.

According to the claimant, the action effectively excluded NAMDA from consultations on matters affecting medical and dental academics, amounting to a denial of its statutory right to recognition.

Legal Questions: In its originating summons, NAMDA submitted seven questions for determination by the court.

Among them is whether, under Section 25 (1) of the Trade Union Act, the claimant is entitled to recognition by the defendants, and whether the NUC’s decision conveyed in the September 2 letter violates Section 25(2) of the Act.

The claimant also asked the court to determine whether its right to fair hearing under Section 36(1) of the 1999 Constitution (as amended) was breached by the failure of the defendants to hear it before taking the decision, amongst others.

Court Proceedings: Counsel A. J. Osayande, accompanied by Miss D.O. Gabriel, represented NAMDA. Akin Adewale appeared for the NUC, while B.S. Kpenkpen, holding the brief of P.C. Ike, represented the Minister of Education. The court heard arguments from the parties and reserved judgment.

Why It Matters: The case raises broader questions about the recognition of multiple trade unions within Nigeria’s university system and the extent to which government agencies may engage one union to the exclusion of others on policy matters.

Observers say the ruling could have implications for labour relations in public universities, particularly in sectors where specialised academic unions operate alongside larger, more established bodies.

By MbNewss

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