Falana: Union Rights Protected by Law, Not Subject to Government Whims

•Says failure to engage labour unions fuels unrest

Wale Igbintade

Human rights advocate and Senior Advocate of Nigeria (SAN), Femi Falana, has defended the constitutional right of Nigerian workers to unionise and embark on strike actions.

Falana warned that any attempt to vilify labour movements was both “legally baseless and morally indefensible,” stressing that union rights are enshrined in Section 40 of the Constitution and protected under international labour conventions ratified by Nigeria.

Speaking during an interview with ARISE NEWS Channel yesterday, Falana stressed that unionisation and collective bargaining were guaranteed under Nigerian law and international labour standards.

“Unionisation is allowed by law under the Constitution, Section 40 – freedom of association. Nigeria is also bound by ILO Conventions 87 and 98, which allow unionisation as well as collective bargaining,” he said.

He condemned recent efforts to demonise organised labour following strikes by oil workers’ unions, insisting that the workers’ actions are legitimate and legally protected.

According to him, the strikes by Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) were entirely avoidable had the government acted with responsibility and urgency.

“The two strikes were avoidable,” he said. “When you allow workers to go on strike over matters that have been settled since the colonial days, then the blame lies with the government,” he added.

Falana also rejected the framing of strikes as a national security threat, describing such claims as a dangerous attempt to suppress fundamental rights.

He said, “The first union was born in 1912, before the amalgamation of 1914. It’s too late in the day to say we’re not going to allow unions.”

Addressing controversies surrounding recent mass layoffs in the oil and gas sector, Falana said the dispute was not about the right to unionise but about unfair treatment of workers.

He explained that under Nigerian law, junior employees were automatically entitled to union representation once they join an enterprise.

The senior advocate dismissed allegations that union leaders were exploiting their members or becoming billionaires at their expense.

He described such narratives as politically motivated. “I don’t know any of them who can say to be a billionaire. What matters is that we must all operate under the law,” he said.

Recalling how the federal government once attempted to weaken labour power, Falana said, “In 2005, the Obasanjo regime said the labour unions had become too powerful, so they decided to break them. Today, because of the ruthless exploitation of workers in Nigeria, the NLC and TUC work together.”

He stated that the law had already defined sectors where unionisation was prohibited, such as the military and police, but said even in those sectors, consultative committees must be set up to protect workers’ interests.

Falana stated, “The Trade Union Act lists the services where unionisation is not allowed. However, subsection 2 of that same provision says that even if unionisation is prohibited, workers must be allowed to form consultative committees for the protection of their interests.”

He urged both government and employers to engage unions as partners in national development, not enemies of the state.

He emphasised the importance of structured dialogue and good-faith negotiation, particularly in profit-making enterprises.

“To allow unionisation is also to engage them,” he said, adding, “Ensure wages are not too low. If you’re making profits, the workers should benefit. If you’re not, you put your books on the table.”

On the issue of check-off dues, he debunked claims of financial exploitation by unions, stating that contributions are used to support members in distress.

Falana added that labour rights were rooted in Nigeria’s constitutional order and global labour standards, not subject to political convenience.