 The Presiding Judge, Abakaliki Judicial Division of the National Industrial Court, Hon. Justice Oluwakayode Arowosegbe has declared the actions of the Ebonyi State University, Abakaliki, its Vice Chancellor, Registrar and Bursar banning the lawful activities of the Academic Staff Union of Universities as unconstitutional, illegal, ultra-vires and in contravention of Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and therefore null and void.
 Justice Arowosegbe reversed the suspension of the ASUU’s members, Associate Professor Ikechukwu Igwenyi and Professor Ndubuisi Idenyi, and mandated the Ebonyi State University to unseal the Union’s secretariat located and situated at CAS Campus of the University.
The Court further granted an order mandating the defendants to release the Union’s check-off dues from November 2021 to date and welfare dues from March 2022 till the date, and an order of perpetual injunction restraining the University, their privies, agents, appointees or those acting under their instructions from further interfering in the lawful activities of the ASUU as legally established and registered association.
 Meanwhile, the Union deposed that Ebonyi State University, Abakaliki, its Vice Chancellor, Registrar and Bursar sealed the office of the union, seized the check-off dues, and painted the story of fractionalization as the excuse for their actions.
In defence, the defendants- Ebonyi State University, Abakaliki, its Vice Chancellor, Registrar and Bursar argued that the University did not ban the union, as portrayed and that, it only forestalled breakdown of law and order, and the query and suspension of Professor Ndubuisi Idenyi was purely administrative and backed by the University statute and that the right to freedom of association has limitations.
 In opposition, counsel to ASUU and 5 others, Femi Falana, SAN averred that the university failed to prove the alleged crisis leading to its actions, and urged the Court to grant the reliefs sought.
Delivering the judgment after careful evaluation of the submissions of both parties, the presiding Judge, Justice Oluwakayode Arowosegbe held that employers’ proprietary rights are not absolute and cannot therefore, be exercised to take away the labour rights conferred by SS. 40 & 254C-(1)(f)-(h)&(2) of the Constitution and the provisions of the TUA and ILO instruments.
Justice Arowosegbe held that if an employer does not want to allow unions to hold meetings in its premises, it must not employ workers, that the Union and its members have a right to hold union meetings within the 1st defendant’s premises, so far it is not within working hours and do not interfere with the works of the defendants.
