Balancing Freedom of Association and Managerial Prerogatives in Nigeria: A Doctrinal and Comparative Analysis of Employer Resistance to Unionisation — Historical Foundations, Judicial Developments, and Empirical Trends
Year: 2025
Type: article
Abstract: Freedom of association forms the backbone of industrial democracy and a central pillar of human-rights protection in the workplace. Yet, Nigerian employees’ constitutional right to unionise continues to encounter resistance justified under managerial prerogative. Using a doctrinal, empirical, and comparative methodology, this study examined constitutional provisions, statutory frameworks, and National Industrial Court of Nigeria (NICN) judgments between 2020 and 2025. Empirical analysis of forty-five union-related NICN cases revealed that thirty-one (68.9 %) were decided in favour of employees, ten (22.2 %) favoured employers, while four (8.9 %) were settled or withdrawn. Annual filings increased from 3 cases in 2020 to 11 in 2025, representing a compound growth rate of 28 %. Regression analysis (y = 1.53x + 2.1; R² = 0.94) projects that by 2030 union-related filings may exceed 18 per year if current trends persist. Comparative insights from South Africa, Ghana, the United Kingdom, and the United States show that mandatory recognition procedures, coercive sanctions, and efficient labour-commission enforcement significantly curb anti-union practices. The findings indicate that while Nigeria’s legal structure aligns with international standards, enforcement deficits, casualisation, and outdated labour statutes blunt its effectiveness. The study recommends empowering the NICN with contempt jurisdiction, prohibiting “yellow-dog” contracts, incentivising union recognition, and embedding labour-rights education in tertiary curricula to balance industrial efficiency with human dignity.
Author: Osahon Ilerunwa Newton
Language: English
Topic: Legal and Labor Studies
Subfield: Industrial relations
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7092290950
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