today. The conclusion that public order is necessarily endangered without trade union monopoly is
disproved by the history of the trade union movement in the United Kingdom where there is no trade
union monopoly and from whose trade union movement that of Nigeria has been patterned. Trade union
monopoly is an anachronistic practice which flourished in the socialist countries where it was used as a
mechanism for ensuring convenient state control of the labour force. It has no place in an open society.
Trade union monopoly is a direct infraction of freedom of association as freedom of association
necessarily implies the freedom of dissociation. Further still, trade union monopoly is recognised by the
International Labour Organisation (ILO) as a practise that is in breach of the ILO Convention No. 87 on
Freedom of Association and Protection of the Rights to Organise; and as Nigeria has adhered to this
Convention, a regime of trade union monopoly is in breach of Nigeria's international law obligations.
Generally, however, while it is not inconceivable that, even in peace time, it may be necessary to enact
laws to contain or otherwise interfere with associations that threaten public safety or public order or public
morality, the cause of liberty requires that we remember always that the security of tenure of an
incumbent government is not synonymous with the need for public safety or public order, and that
morality may be relative.
The third constitutional limitation on the right to freedom of association is contained in the Code of
Conduct for Public Officers which is in Part I of the Fifth Schedule to the Constitution. It provides that "A
public officer shall not be a member of, or belong to or take part in any society the membership of which
is incompatible with the functions or dignity of his office." It shall be the duty of the Code of Conduct
Tribunal to ascertain if, in a case brought before it, there has been a breach of this ambiguous and
dangerously-elastic provision.
The Constitution empowers the federal legislature, to the exclusion of the states, to legislate on the
"Incorporation, regulation and winding up of bodies corporate, other than cooperative societies, local
government councils and bodies corporate established directly by any law enacted by the House of
Assembly of a State." Accordingly, the general regulation of NGOs can only be by federal law. Various
state laws (e.g. in respect of taxes) can nevertheless affect the conduct of affairs of NGOs. The
Constitution does not contain any other provisions that deal specifically with NGOs.
Types of Organisation
Many types of organisations are allowed under Nigerian law. These include CBOs, friendly societies,
social clubs, women's groups, youth clubs, religious organisations, cultural associations, professional
associations, trade unions, political parties, cooperative societies and specialised professionally-run
NGOs which work in various thematic areas. CBOs are of two types: the first type is established by
people who live together in a given geographical area, e.g. a housing estate or a village, and the second
is established by people who trace their origin to a particular village or town or district. In the second type,
there can be branches or chapters anywhere in Nigeria and abroad that people of that stock live together
in a sufficient number. While CBOs of the first type are usually concerned with the maintenance of
security and basic infrastructure in its area, those of the second type ensure that the blood ties are not
forgotten and that the welfare of the place of origin is promoted. CBOs are usually run by elected
executives. There are periodic -often monthly - meetings of the members. Some have women and youth
wings.
Friendly societies include masonic and other lodges, and are part of our colonial heritage. They are
headed by an elected "master" who must have passed through certain stages in the order. They hold
regular meetings, dressed in their uniforms, often in purpose-built halls. They promote the welfare of
members and often make substantial donations to charity. Most of them are open to men alone. While
friendly societies are European in origin,
social clubs are more autochthonous and are sometimes open to
both sexes. They are also run by elected officers sometimes with their own secretariats located in club
premises.
Women's groups promote the interest of their members and engage in charitable activities.
Youth clubs, including Boys Scouts and Girl Guides, provide leadership training and education and
encourage community service.
Religious organisations are structured in a wide variety of ways and in
addition to religious ministrations often provide educational, health and welfare facilities.
Cultural
associations vary from, for instance, associations that promote classical music to associations that
promote the culture of particular Nigerian communities (and which, therefore, may easily be confused with
a typical CBO).