TRADE UNIONS ACT

Section 22: Trade unions not unlawful as such.

1973Section 22 of 55Federal Republic of Nigeria

(1) The purposes of a trade union shall not, by reason only that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust relating to the union;but nothing in this subsection shall enable any court to entertain any legal proceedings instituted for the purpose of directly enforcing any agreement mentioned in subsection (2) of this section, or of recovering damages for any breach of any agreement so mentioned.
(2) The said agreements are the following-
(a) any agreement between the members of a trade union as such relating to the terms and conditions on which members of the union shall or shall not employ persons or be employed;
(b) any agreement for the payment by any person of any subscription or penalty to a trade union;
(c) any agreement for the application of the funds of a trade union-
(i) to provide benefits to its members, or
(ii) to make payments to any employer or worker who is not a member of the union in consideration of his acting in conformity with the rules or resolutions of the union, or
(iii) to discharge any fine imposed upon any person by a court;
(d) any agreement such that every party thereto is one or other of the following, that is to say, a trade union, a federation of trade unions or the Central Labour Organisation;
(e) any bond to secure the performance of any agreement mentioned in paragraphs (a) to (d) of this subsection
(3) Nothing in this section shall render unlawful any agreement mentioned in subsection (2) of this section.
(4) Without prejudice to section 2(1) of this Act, the foregoing provisions of this section shall apply in relation to an unregistered trade union as they apply in relation to a trade union, subject to the following restrictions, that is to say
(a) if the trade union has not been registered, the said provisions shall apply only as regards-
(i) the agreement whereby the union is formed or any agreement whereby a person joins the union,
(ii) any trust on which any funds of the union are to be held, and
(iii) any agreement for the use of any premises as the office of the union, and if an application for the registration of the union is finally refused (within the meaning of section 9 of this Act), the said provisions shall cease to apply at the end of the period of three months beginning with the date of the final refusal; and
(b) if the union has become unregistered in consequence of its registration being cancelled under section 7 of this Act, the said provisions shall apply only during the period of three months beginning with the date of the cancellation.

Cite this section

Section 22, TRADE UNIONS ACT (1973).

https://repo.podus.ai/laws/trade-unions-act/section/22/