AN APPRAISAL OF THE TORTIOUS LIABILITY OF TRADE UNIONS IN NIGERIA

AN APPRAISAL OF THE TORTIOUS LIABILITY OF TRADE UNIONS IN NIGERIA

ABSTRACT

This study aims at appraising the Tortious Liability of Trade Unions in Nigeria in relation to the existing laws such as Trade Union Act, 2005 and Trade Dispute Act, 2005. The research methodology here is Doctrinal Methodology, which involves the use of relevant books, articles, journal, publication, conference papers, and judicial authorities. The statement of the problem is whether or not the law has adequately afforded trade union immunity against civil persecutions and what are the nature of tortious act that may lead to tortious liability envisage by this section of the Trade Union Act. For example, the protection given to the unions under sections 43 and 44 (Part v) of the Trade Union Act, 2005 is not an absolute one. Any act done outside the contemplation of the said section attract civil liability on the unionist. The justification of this research is that trade union rules are not being implemented in Nigeria and consequently, the practice is different from the law. In view of this, the objective of the dissertation is to examine the adequacy or otherwise of existing rules of trade unions in Nigeria and to identify reasons accounting for such irregular practices. However, this research found that Trade Union Act, 2005 is not beneficial to the people because Section 33(1) of the Trade Union Act, 2005 states that no person shall be an official of more than one federation of trade unions at the same time. This makes an official restricted to only one federation of trade union. In this regard, therefore, the research concluded by recommending that person should not be allowed to be an official of more than one federation of trade unions.

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