Enforceability of Collective Agreement in Nigeria: The Imperative for Legal Paradigm Shift

• Author: D.T. Eyongndi
• DOI: 10.10520/ejc-lesotho_v27_n1_a1
• Published date: 01 January 2022
• Date: 01 January 2022
• Pages: 1-22

ENFORCEABILITY OF COLLECTIVE AGREEMENT IN

NIGERIA: THE IMPERATIVE FOR LEGAL PARADIGM SHIFT

Eyongndi D.T.*

Abstract

Prior or after the occurrence of dispute in an industrial

undertaking, the employees or their association usually explore

the option of attempting to reach amicable settlement with the

employer or their association through collective bargaining. The

process; where it is successful, culminates into an agreement

known as collective agreement. Both local and international

labour instruments give credence to collective bargaining as an

integral part of labour and employment relations. In Nigeria,

collective agreements, despite the onerous process of bargaining,

subject to very strenuous exceptions, are unenforceable because

they are regarded as “gentleman’s agreement” binding only in

honour. This has accounted for incessant strikes from various

employee associations against the government for failure to

implement collective agreement because the only available

remedy in such failure is resort to industrial action. This paper

through comparative and doctrinal research methodologies,

argues that collective agreement should become enforceable once

reached considering the human and material resources

expended in the process. It contends that automatic enforcement

of collective agreement would create industrial stability and

transparency as it would no longer be exploited as a palliative

measure against employees’ agitation. It makes vital

recommendations towards achieving automatic enforcement of

collective agreement before conclusion.

2 LLJ Vol. 27 NO. 1

Keywords: Collective Agreement, Collective Bargaining, Employee,

Labour, Nigeria.

INTRODUCTION

In an employment relationship, the employer, whether private or

government, employs with the hope of maximizing profit while the

employees, on the other hand, seeks to achieve improved terms and

conditions of employment.

1

This situation naturally places the

interest of the employer against that of the employees. So long as

the parties manage the situation appropriately, there is bound to be

harmonious existence. However, quiet often than not, these

interests often clash leading to disagreement. The occurrence of

disagreement naturally, should not lead to the termination of the

employer-employee relationship.

2

To ensure that disagreements between employers and employee do

not degenerate, various means exists for their settlement. This could

be either through amicable or coercive dispute settlement

mechanisms.

3

One of the amicable settlements mechanisms is

collective bargaining whereby the parties to the dispute either by

themselves or through the facilitation of a third party, meets and

*LL. B (Hons) UNICAL, LL.M (Ibadan) BL, Lecturer, Department of

Private and Commercial Law, Faculty of Law, Bowen University, Iwo,

Osun State, Nigeria. Email: david.eyongndi@bowenuniversity.edu.ng

Telephone No: +2347033252212. David T. Eyongndi is currently a Doctoral

Candidate at University of Ibadan.

1

Eyongndi, D. T., “ The Right to Strike u nder Nigerian Labour Law: The

Need to Delineate the Meaning of Right” 2017 (5) 1, Akungba Law Journal,

p. 91.

2

Chianu, E., “Employment Law (Akure, Bemicov Publishers (Nig.) Ltd.,

2004) 73.

3

Oji, E. A. , and Amucheazi, O. D., “Employment and Labour Law in Nigeria”

(Lagos, Mbeyi and Associate (Nig.) Ltd., 2015) 239.