CHAPTER 8: - Right to Freedom of Association: - Article 10
1.
Constitutional and Judicial Measures
Section 40 of the Constitution of Nigeria, 1999 guarantees the right to freedom of
association with other persons and to form or belong to any political party, trade union
or any other association for the protection of his interests.
Recently, the Court of Appeal held that the right to freedom of association is a
fundamental right guaranteed by the 1999 Constitution subject to the limitations
provided thereof: - Governing Board, RUGIPOLY, Ondo State v. Ola (2016) 16 NWLR
(Pt.1537)P.1 and NCP v. NASS (2016)1 NWLR (Pt.1492)P.1.
Hence the open space provided for Nigerians to form and belong to different political
parties and Civil Society Organizations. This has provided an opportunity for 63
registered political parties and over 500 registered NGOs in Nigeria.
Nigeria has ratified and domesticated the two ILO Conventions. In the period under
review, Nigeria has protected and promoted these rights in the world of work. Specifically
on May 25, 2011, Nigeria under the Statutory Mandate of the Ministry of Labour and
Productivity issued Guidelines on Labour Administration issues in Contract
Staffing/Outsourcing in the Oil and Gas Sector. Amongst many other issues addressed
by the Guidelines, it is not re-emphasized that Freedom of Association and the right to
Bargain Collectively is the unfettered right of workers whether direct or contract staff.
The Constitution of Nigeria (1999) guarantees the right to freedom of association and
peaceful assembly to all its citizens including children. In addition the Child’s Rights Act contains
adequate provisions to ensure the freedom of association and assembly by all children.
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