LEGAL ANALYSIS OF THE RIGHT OF ACADEMIC STAFF UNION IN NIGERIA TO STRIKE: LESSONS FROM SOUTH AFRICA

Abstract

The right to strike remains one of the most contentious aspects of labour relations within
Nigeria’s university system, particularly in relation to the Academic Staff Union of Universities. This article
undertakes a critical legal analysis of the scope, legitimacy, and limitations of ASUU’s right to strike within
the Nigerian labour law framework. Drawing primarily from statutory provisions, judicial authorities, and
international labour standards, the article interrogates the extent to which Nigerian law accommodates
strike action as a legitimate tool of collective bargaining or, conversely, restricts and criminalizes its
exercise. The classification of academic staff as providers of “essential services” is critically interrogated,
with the article arguing that such classification lacks justification under international labour standards,
especially those articulated by the International Labour Organization. It assesses existing strategies for
managing industrial disputes within the university sector and finds them largely ineffective, often perceived
as coercive rather than conciliatory. The article concluded that Nigeria’s current legal framework
inadequately balances state interests with the legitimate rights of academic staff. It argued that sustainable
industrial peace cannot be achieved through repression or criminalization of strikes but through legal
reforms that recognize strike action as a legitimate component of industrial democracy.