By Femi Falana
Under the British colonial regime, trade unions were prohibited while strikes were criminalised. But Nigerian workers defied the ban and formed trade unions to challenge the crude exploration of the nation’s resources by the foreign colonisers. When the British saw the futility of the proscription the Trade Union Ordinance of 1939 was promulgated. The law allowed the formation of trade unions but outlawed strikes. Notwithstanding the anti strike provision of the law the general strike of 1945 led by the Nigerian Railway Union under the leadership of Comrade Michael Imoudu paralysed the colonial economy for days.
From that moment, workers resolved to be in the front line in the decolonisation struggle. Hence, the British resorted to brutal attacks of workers. For example, the Enugu coal miners were brutally attacked by the colonial police for embarking on strike for improved conditions of service in November 1949. The murderous attack led to the death of 21 colliery workers while several others were injured. The strike provoked a nationwide condemnation, which exposed the atrocious activities of the British colonial regime.
Like the colonialists the military dictators banned the nation’s
trade unions in 1966. But the workers defied the ban and embarked on several
strikes after the civil war. By 1973, the Yakubu Gowon regime discarded the
anti workers policy and promulgated the Trade Union Act of 1973. The Olusegun Obasanjo military regime promulgated
the Trade Disputes Act of 1976. The Shehu Shagari administration did not ban
workers but infiltrated the trade union movement to weaken agitation by
Nigerian workers.
In 1992 the Ibrahim Babangida military junta wanted to ban the
Academic Staff Union of Universities (ASUU) but was advised against it on the
ground that it would not work. So the junta enacted a decree, which regarded
strike as a treasonable offence. We rushed to the Lagos State High Court
presided over by Justice M. Ope Agbe. We convinced the Judge about the
illegality of the obnoxious decree and his Lordship granted an order, which
halted the implementation of the fascistic legislation.
In 1994, the Sani Abacha military junta enacted a decree, which
purportedly proscribed ASUU. We approached the Enugu judicial division of the
Federal High Court presided over by Justice Ajakaiye. Again we convinced the
court to smash the primitive decree. His Lordship ruled that the decree did not
proscribe ASUU but merely restricted its activities to individual university
campuses. The regime was frustrated, as ASUU did not operate outside the four
walls of university campuses. The Babangida junta proceeded to promulgate a
decree, which exorcised ASUU and other senior staff from the Nigeria Labour Congress
to prevent them from inciting workers. The junta banned the Customs and
Immigration Staff Union and jailed the leaders of the electricity staff unions
for embarking on a strike. But the NEPA Eleven were later granted pardon and
released from prison custody.
In
2005, the Olusegun Obasanjo civilian administration amended the Trade Union Act
by making the membership of trade unions optional. The payment of check off
dues was made voluntary while workers wishing to embark on industrial action
are required to conduct a plebiscite. Individual ASUU members signed letters,
which directed university management to continue to deduct their check off
dues. In strict compliance with the relevant provisions of the Act, ASUU does
not embark on a strike without conducting a plebiscite among its members in all
its branches. Thus, ASUU is currently the best organised trade union in Africa.
Under the current democratic dispensation the fundamental right of
citizens to form or belong to political parties and trade unions is guaranteed
by section 40 of the Constitution and Article 10 of the African Charter on
Human and Peoples Rights (Ratification and Enforcement) Act. As a member of the
committee of civilised nations the Government of Nigeria has ratified the
Freedom of Association and Protection of the Right to Organise Convention No 87
of the International Labour Organization Convention. It is pertinent to note
that parties to the Convention are obligated to ensure the right of both
employers and employees to join an organisation of their choice and free from
any influence of authorities which belong to the core principles of the ILO.
In the case of Olaniyan v University of Lagos (1986) 4 NWLR (Pt
34) 162 at 173, Ayo Irikefe CJN (as he then was) said that, “In my view, constitutionally
entrenched provisions, particularly those safeguarding individual rights should
not, save in a fascist system, be lightly trampled upon.” Therefore, to ban
ASUU the government will have to amend the fundamental right of citizens to
freedom of association enshrined in Chapter 4 of the Constitution. It is a
special amendment, which requires the resolution of four fifths of members of
the National Assembly and approved by two thirds majority of members of not
less than 24 Houses of Assembly.
In addition, the Federal Government will withdraw its ratification
of the African Charter on Human and Peoples Rights and the Freedom of
Association and Protection of the Right to Organise Convention No 87of the
International Labour Organisation. The anti-democratic forces urging the Buhari
administration to ban ASUU should be made to realise that a democratic
government lacks the competence to abrogate the fundamental rights of citizens
outside the ambit of the Constitution.
Those
who are berating ASUU for alleged recalcitrance should advise the Federal
Government to accord priorities to the funding of tertiary education. After
all, following the directive of the Federal Government, the Central Bank of
Nigeria has just released $235 million to foreign airlines to facilitate
foreign travels by a few privileged citizens. And whereas the Federal
Government budgeted the sum of N443 billion for the so called fuel subsidy in
the 2022 Appropriation Act the fund has been increased to N4 trillion via a
Supplementary Appropriation Bill approved by members of both chambers of the
National Assembly.
It is interesting to note that the details of the humongous sum
were not scrutinised by the federal legislators. As if that was not enough the
Minister of Finance, Mrs. Zainab Ahmed, has disclosed that fuel subsidy will
gulp N6.5 trillion this year alone. And very soon, the National Assembly will
approve another supplementary budget of N2.5 trillion for the monumental fraud.
But when it comes to funding tertiary education the Federal Government is said
to be broke!
Instead of embracing the fascist option of proscribing ASUU the
Federal Government should commit itself to the faithful implementation of
collective agreements reached with ASUU, which are enforceable by virtue of the
relevant provisions of the Trade Disputes Act. For instance, in the 1992 and
2009 FG/ASUU Agreements it was expressly stated that the revenue realised from
the sale of the properties of the Federal Government abandoned in Lagos when
the Federal Capital was moved to Abuja would be channeled towards the funding
of tertiary education in the country. But the Federal Government has turned
round to sell the properties to private individuals and corporate bodies at low
giveaway prices. Some of the properties were sold to powerful individuals and
corporate bodies including a multinational corporation. Since a number of the
properties have not been sold the Federal Government should turn them over to
the universities in line with the terms of the FG/ASUU Collective Agreements.
It
may also interest concerned citizens to know that pursuant to the 1992
Agreement the management of the universities had registered and established
consultancy firms to handle jobs by professionals in the academic community in
the country. But the university councils peopled by government appointees
prefer to farm out multi million Naira contracts to contractors nominated by
the ruling political parties. Through such dubious arrangements the meagre fund
earmarked for capital projects in the universities is diverted as a number of
the projects are abandoned. It is on record that some cases of large scale
corruption reported to the anti graft agencies were not allowed to be
investigated by the Federal Government.
The Tertiary Education Trust Fund suggested by ASUU and
incorporated into the 1992 FG/ASUU Agreement was enacted into law in 1993.
Thus, the Tertiary Education Trust Fund Act imposes a two per cent education
tax on the profits of every registered company in Nigeria. Regrettably, the
Federal Government collects the fund in a rather haphazard manner. In spite of
pressure from ASUU the Federal Government has failed to recover the several
billions of naira from companies that have defaulted in contributing to the
Fund. The Government has also refused to publish the list of companies that are
qualified to contribute to the Fund for the purpose of monitoring the
collection and updating the list. There are other leakages in the system, which
could be blocked by the Federal Government in collaboration with all trade
unions in the tertiary institutions.
No doubt, parents and students of public universities were
disappointed and pained last week when it was disclosed that the talks between
the Government and ASUU over the strike had collapsed. While calling on both
sides to resume the negotiations in the interest of the country the Federal
Government should be prevailed upon to end the prolonged industrial action.
Instead of engaging in the diversionary tactics of blackmailing ASUU the
Federal Government should ensure that the strike is called off by signing the
Renegotiated Agreement with ASUU without any further delay.
*Falana is a Senior
Advocate of Nigeria (SAN)
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