An Undertaking Not To Join An Association Is Useless.

An Undertaking Not To Join An Association Is Useless. Daily Law Tips (Tip 731) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

In many transactions, employments, school admissions and even associations, people (parties, workers, students and members) are made to sign an undertaking never to join certain association. Some of the signed undertakings and agreements are even taken to court to be stamped and signed, with the believe that such practice makes such documents valid and binding. Also, some persons use affidavits sworn in courts or before notaries public.

Well, an Undertaking or an agreement not to form, join or relate with an association, society or group is useless, unenforceable and unconstitutional, even when they are stamped in courts. Also, in some constitutions and rules of some associations, members are mandated never to form, join or relate with opposing/competing associations. Such restricting provisions in constitutions of associations, clubs and groups are illegal and unlawful. Reasons for declaring such practices unlawful and unconstitutional are revealed in this work; “An Undertaking Not To Join An Association Is Useless.”

Waste of Resources: 

Nigerian laws allow persons in Nigeria to make lawful agreements. So, an agreement made in any part of Nigeria will be enforceable in Nigeria, if the agreement is over a lawful affair. In the other hand, it is unlawful for any persons in Nigeria to make an agreement over any unlawful affair. An agreement over an unlawful affair cannot be enforced in Nigeria. 

Take for instance, an agreement to commit murder is an unlawful agreement (conspiracy) and it a crime on its own. So, no person in Nigeria can be forced to obey or to perform an unlawful agreement. Whatever applies to agreement here, applies to undertakings, too. Any agreement or undertaking that seeks to waive any fundamental human right is a waste of resources. 

Agreements are naturally binding on their makers, even without the stamps of courts. No person needs the stamp of a court for an agreement to be valid in any part of Nigeria and beyond. However, a Power of Attorney may be taken to a judge, magistrate or a notary public for authentication, just to enable a court to assume that the power of attorney was validly made. This does not apply when the content of a power of attorney are unlawful. Generally, the practice of taking agreements (apart from power of attorney) to courts is a huge waste of resources. 

Human Rights Are Higher Than Their Owners: 

The constitution of Nigeria contains the fundamental human rights of persons in Nigeria.  Fundamental human rights are rights and entitlements of persons for just be human beings or registered corporate beings. Fundamental human rights are vested on all human beings, however, they cannot be suspended or waived by their owners. So, no person can waive his/her fundamental human rights, whether by force or by agreement. For example, “Right to life” is a fundamental human right and as such, no person can by an agreement agree to be killed or to waive his right to be alive. Such an agreement is unlawful and unenforceable. 

By the Constitution of Nigeria, the fundamental human rights in Nigeria, are: the Right to Life, the Right to Dignity of Human Person, the Right to Personal Liberty, the Right to Fair Hearing, the Right to Private and Family Life, the Right to Freedom of Thought, Conscience and Religion, the Right to Freedom of Expression and the Press, the Rights to Peaceful Assembly and Association, the Right to Freedom of Movement, the Right to Freedom from Discrimination and then, the Right to Acquire and Own Immovable Property anywhere in Nigeria. 

Right to Form/Join Associations Cannot Be Waived or Restricted:

Every person in Nigeria enjoys the “the Rights to Peaceful Assembly and Association”. By this particular fundamental human right, any person or group of persons in Nigeria can meet peacefully, form, create and even join any lawful association, society, organization or any group. This also means that no person in Nigeria can be stopped from creating, forming, joining or relating with any lawful association, society, organization or any group. Any attempt to waive or restrict such right is a violation of human rights and must be prosecuted. There are few constitutionally approved circumstances and procedures for the restriction of fundamental human rights in Nigeria, but restriction by agreement, undertaking or by the private constitution (bye-law) of a group is not one of them.

Conclusion: 

Forcing or cajoling people to sign that they will not form, join or relate with certain associations/groups is unlawful, illegal and unconstitutional in all parts of Nigeria. Whether such agreements and undertakings are signed or stamped in courts is immaterial and useless. A fundamental human right cannot be waived by agreement of parties or by force. 

The right to form, join or relate with an association/group is a fundamental human right and a constitutional right, too. Any undertaking or agreement against any fundamental human rights or ay part of the constitution of Nigeria is invalid, useless and a huge waste of resources, even if made in the Supreme Court of Nigeria or by the best lawyers or any government. 

My authorities, are:

1. Sections 1, 2, 3, 4, 5, 6, 14, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 305, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 150 an 259 of the Evidence Act
3. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of RANSOME-KUTI & ORS v. AG FEDERATION & ORS (1985) LPELR-2940(SC)
4. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of AGBAI & ORS v. OKOGBUE (1991) LPELR-225(SC)
5. The judgment of the Supreme Court of Nigeria (on documents for cases of fundamental human rights) in the case of EFCC v. REINL (2020) LPELR-49387(SC)
6. The judgment of the Supreme Court of Nigeria (on when and why fundamental human rights can be restricted/suspended) in the case of DOKUBO-ASARI v. FRN (2007) LPELR-958(SC).
7. The judgment of Supreme Court of Nigeria (on State of Emergency) in the case of ADEGBENRO v. AG OF THE FEDERATION & ORS (1962) LPELR-25118(SC)
8. The judgement of the Court of Appeal (on association must be free) in the case of REGISTERED TRUSTEES OF ASSOCIATION OF TIPPERS AND QUARRY OWNERS OF NIG v. YUSUF & ORS (2011) LPELR-5024(CA).
9. Onyekachi Umah, “Notice To Quit From Any State In Nigeria Is A Violation Of Human Rights” (LearnNigerianLaws.com, 5 January 2021) <https://sabilaw.org/notice-to-quit-from-any-state-in-nigeria-is-a-violation-of-human-rights/> accessed 7 February 2021.
10. Onyekachi Umah, “Legal Remedies Can Be Sought Not Only For Breach But Fear Of Breach Of Fundamental Human Rights.” (LearnNigerianLaws.com, 9 August 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-160-legal-remedies-can-be-sought-not-only-for-breach-but-fear-of-breach-of-fundamental-human-rights/ > accessed 14 January 2021
11. Onyekachi Uma, “Courts That Can Hear Cases of Fundamental Human Rights In Nigeria” (LearnNigerianLaws.com, 2 May 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-92-courts-that-can-hear-cases-of-fundamental-human-rights-in-nigeria/> accessed 14 January 2021
12. Onyekachi Umah, “#EndPoliceBrutality: The Right To Protest Is A Human Right.” (learnNigerianLaws.com, 15 October 2020) <https://sabilaw.org/endpolicebrutality-the-right-to-protest-is-a-human-right/> accessed 14 January 2021
13. Onyekachi Umah, “Time To Oppose Cases Of Breach Of Human Rights In Nigeria” (LearnNigerianLaws.com, 24 August 2018) <application of the hire purchase act in Nigeria> accessed 14 January 2021.
14. Onyekachi Umah, “Requirements For Enforcement of Fundamental Human Rights” (LearnNigerianLaws.com, 3 November 2020) <https://sabilaw.org/requirements-for-enforcement-of-fundamental-human-rights/ > accessed 14 January 2021.
15. “Human Rights” (Stanford, 14 October 2020) <https://plato.stanford.edu/entries/rights-human/> accessed 14 January 2021.
16. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (Daily Law Tips [Tip 539]) <https://sabilaw.org/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 14 January 2021.
17. Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (Daily Law Tips [Tip 537]) <https://sabilaw.org/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 14 January 2021.
18. Onyekachi Umah, “When and How Can Government Prohibit Protest In Nigeria” (LearnNigerianLaws.com, 19 October 2020) <https://sabilaw.org/when-and-how-can-government-prohibit-protest-in-nigeria/ > accessed 14 January 2021.
19. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (Daily Law Tips [Tip 539]) <https://sabilaw.org/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 14 January 2021.
20. Onyekachi Umah, “You Don’t Need To Register Any Agreement In Courts or With A Notary Public.” (LearnNigerianLaws.com, 2 December 2020) <https://sabilaw.org/you-dont-need-to-register-any-agreement-in-courts-or-with-a-notary-public/#> accessed 7 February 2021. 
21. Onyekachi Umah, “How To Make Power Of Attorney To Be Genuine And Acceptable.” (LearnNigerianLaws.com, 16 April 2019 <https://sabilaw.org/how-to-make-power-of-attorney-to-be-genuine-and-acceptable-daily-law-tips-tip-312-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 1 December 2020
22. Onyekachi Umah, “Agreements in Nigeria Do Not Require Signatures of Notaries Public or Magistrates or Court Staff to be Legal and Binding” (LearnNigerianLaws.com, 13 January 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-121-agreements-in-nigeria-do-not-require-signatures-of-notaries-public-or-magistrates-or-court-staff-to-be-legal-and-binding/> accessed 1 December 2020
23. Onyekachi Umah, “Memorandum Of Understanding (Mou) Is Not A Binding Agreement(Contract).” (LearnNigerianLaws.com, 11 February 2020) <https://sabilaw.org/memorandum-of-understanding-mou-is-not-a-binding-agreementcontract-daily-law-tips-tip-502-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 1 December 2020.
24. Onyekachi Umah, “How To Write Agreements (Contracts).” (LearnNigerianLaws.com, 11 March 2016) <https://sabilaw.org/how-to-write-agreements-contracts/> accessed 1 December 2020.
25. Onyekachi Umah, “Stamps and Seals of Courts and Commissioners for Oath Are Not Needed for Agreements To Be Valid.” (LearnNigerianLaws.com, 8 June 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-118-stamps-and-seals-of-courts-and-commissioners-for-oath-are-not-needed-for-agreements-to-be-valid/> accessed 1 December 2020
26. Onyekachi Umah, ““An Estate Association Cannot Disconnect Access To Electricity/Water Supply” (LearnNigerianLaws.com, 19 August 2020) <https://sabilaw.org/estate-association-supply-of-public-utilities/> accessed 7 February 2021.
27. Onyekachi Umah, “Should a Residents’ Association Stop Residents From Entering/Leaving an Estate for any Reason?” (LearnNigerianLaws.com, 7 August 2020) <https://sabilaw.org/should-a-residents-association-stop-residents-from-entering-leaving-an-estate-for-any-reason-daily-law-tips-tip-627/> accessed 7 February 2021.
28. Onyekachi Umah, “Why Members Must Obey Unreasonable Decisions Of Their Association.” (LearnNigerianLaws.com, 30 July 2020) <https://sabilaw.org/why-members-must-obey-unreasonable-decisions-of-their-association/> accessed 7 February 2021.
29. Onyekachi Umah, “ Association Is Not By Force, Even Estate/Community/Professional Associations/Clubs Cannot Be Compulsory” (LearnNigerianLaws.com, 13 February 2020) <https://sabilaw.org/association-is-not-by-force-even-estate-community-professional-associations/> accessed 7 February 2020
30. Onyekachi Umah, “Compulsory Estate Association is Illegal in Nigeria.” (LearnNigerianLaws.com, 11 May 2018) <https://sabilaw.org/compulsory-estate-association-is-illegal-in-nigeria/>  accessed 7 February 2021.

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