Adedokun Waliyu 
Femi Falana, human rights lawyer, says the federal government does not have the legal backing to proscribe the Academic Staff Union of Universities (ASUU) over its continued strike.
Falana said this in reaction to speculations that the federal government is planning to proscribe ASUU for failing to call off the strike.
The strike, which began on February 16, is a result of the government’s inability to fully address the union’s demands.
The industrial action has lasted more than six months.
There have been reports that the government intends to ban the union, but there is yet to be any official communication to this effect.
In a statement on Saturday, the human rights lawyer said ASUU’s right is guaranteed under Section 40 of the 1999 Constitution and Article 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
Falana also cited the freedom of association and protection of the right to organise convention No 87 of the International Labour Organisation Convention, which refrains the federal government from banning or suspending trade unions.
He said Nigeria “has ratified the ILO Convention and it is pertinent to note that parties to the convention are obligated to ensure the right of both employers and employees to join an organisation of their choice and free from any influence of authorities which belong to the core principles of the ILO”.
“To ban ASUU, the federal government will have to amend the fundamental right of citizens to freedom of association enshrined in Chapter 4 of the Constitution,” Falana said.
“It is a special amendment, which requires the resolution of four-fifths of members of the national assembly and approved by a two-thirds majority of members of not less than 24 houses of assembly.
“In addition, the federal government will withdraw its ratification of the African Charter on Human and Peoples Rights and the Freedom of Association and Protection of the Right to Organise Convention No 87 of the International Labour Organisation.
“The anti-democratic forces urging the Buhari administration to ban ASUU should be made to realise that a democratic government lacks the competence to abrogate the fundamental rights of citizens outside the ambit of the 1999 constitution.
“Those who are berating ASUU for alleged recalcitrance should advise the federal government to accord priorities to the funding of tertiary education.”
