Good morning, friends.
Sometime ago, somewhere in Nigeria, a young hairdresser was being compelled to join her district hairdressers' association with a threat that she stood the risk of her instruments being seized if she did not obey.The lady got confused as she did not want to join any association before she could carry on her business without interference from any person or group of persons.
THE LEGAL POSITION
Section 40 of the 1999 Constitution of the Federal Republic of Nigeria provides for a right to peaceful assembly and association.Every Nigerian has a right to join any peaceful assembly or association by virtue of this provision of the constitution. Thus, in the instant scenario, the person being forced to join the association has a right to join it already.However, a right is not a duty.This is where the association of hairdressers in that scenario missed it.Unlike a duty, a right can be waived.Therefore, if a person has chosen to waive his or her right to something as guaranteed by any law in force, nobody can coerce him or her to exercise that right.In the above case, the lady hairdresser being forced to join a trade union or an association has a right to do so and she also has a right not to do so.Hence, if the association carries out its threat to the lady, it will amount to trespass to her person or trespass to her property or both as the case may be at the end of the day.Assault and battery to the person of the lady can even occur in the circumstances.In a nutshell, it is not right for the association to force her to join it as she enjoys a right not to join it just as she, at the same time, has a right to join it.
Thank you for your attention. Have a nice day!
No comments:
Post a Comment