Today, President Bola Tinubu is celebrating his first 100 days in office. The leadership of the Nigeria Labour Congress (NLC) has also chosen today to commence a two-day warning strike in preparation for a total shutdown of the economy, which will commence in 21 days.
The NLC announced its decision to go on the two-day warning strike at the end of its National Executive Council meeting of the NLC, which was held in the early hours of Friday, September 1, 2023.
A communiqué released by the NLC and jointly signed by its National President, Joe Ajaero, and Secretary, Emmanuel Ugboaja, said the decision followed the “failure of the Tinubu-led Federal Government to dialogue and engage stakeholders within the organised labour on efforts to cushion the effects of the removal of subsidy on Premium Motor Spirit (PMS) popularly known as petrol on the poor masses.”
The organised labour had in August staged a one-day protest which grounded activities in major cities across the country. Experts believe that this renewed threat by labour to embark on a two-day warning strike will further impact negatively on the fragile economy and increase hardship on vulnerable Nigerians.
The Federal Government had after that incident rolled out several palliative measures to cushion the biting effect of subsidy removal. It has rolled out various measures, including thousands of bags of rice, grants to businesses, N5billion subventions to the 36 states and Abuja, but the NLC remains unimpressed and unpacified.
Beginning of FG/Labour dispute
The relationship between the President Bola Tinubu-led Federal Government started on rocky note, even before the president entered the walls of the Presidential Villa. In fact, the turbulence erupted just minutes after the president took his oath of office and announced an end to the subsidy regime on petroleum products.
On that sunny day of May 29, the President declared at the Eagle Square: “subsidy is gone” to signal the end of a regime many Nigerians believed had drained the country’s resources for decades. The declaration not only led to an increase in the pump price of petrol, but it opened a new front in the war between the government and organised labour in the country.
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Many Nigerians, including Peter Obi, presidential candidate of the Labour Party in the February election, which the NLC supported, believed that it was time to end the subsidy regime that had only benefited a few rich individuals. The decision to remove the controversial subsidy regime was an albatross left behind by former President Muhammadu Buhari, who did not make provisions for the multi-billion-naira expenditure in the 2023 budget.
The leadership of organised labour argued otherwise, citing its economic impact, especially on Nigerian workers. It was the view of the NLC that subsidy on petroleum products should remain until the federal government is able to fix and bring the nation’s moribund refineries back on stream. The hope that the much-touted Dangote Refinery would bridge some gaps in premium motor spirit (PMS) supply has not materialised with the firm missing the August date for its products to hit the market.
Thus, it was no surprise that the labour centre commenced agitation once the president made the comment ending the fuel subsidy era without the local capacity of Nigeria to refine petroleum products. The labour union described the decision as “hasty” adding that the government didn’t “consult it and other critical stakeholders before the decision was made.”
Strike threat
The organised labour has since engaged in a war of words and shows of might to compel the government to rescind its decision. It cited the economic hardship that the move has unleashed on Nigerians due to galloping inflation sparked and rising transportation and other cost of living.
In its bid to avert a shutdown of the nation’s economy in June, the government rushed to court to obtain an order halting the planned strike. The presiding judge, Olufunke Anuwe, on 5 June, restrained the NLC and the Trade Union Congress of Nigeria (TUC) from embarking on the strike action that was slated to commence on 7 June.
After initial concerns that the union would disobey the court order, it bowed to reason and shelved the strike. This paved the way for further negotiations with the government team led by the Chief of Staff to the President, Femi Gbajabiamila. The talks, which centered around how to ameliorate the impact of the policy, have failed to assuage the unions, which continue to push for return to the status-quo-ante in pump price.
The NLC, again, renewed its threat to embark on strike, after a further hike in the price of petrol pump price occasioned by the failing Naira against other international currencies. Reacting to the threat, the Justice Ministry, on 26 July, warned the labour unions its planned strike would amount to contempt of court in view of the subsisting court order obtained in June.
Nationwide protest/contempt of court suit
Undeterred by the threat, the NLC, in collaboration with its affiliate unions and civil society allies on August 2 staged a one-day nationwide rally to protest the “biting hardship in the country.” They said talks with the government have not yielded any positive results.
The protest, most remarkable in Lagos and Abuja, was in defiance to the Ministry of Justice stance, which then approached the industrial court to commence a contempt suit against the labour leaders that same day.
On 3 August, the NLC issued a communique, suspending protests, citing the intervention of President Tinubu. It however condemned the contempt suit initiated against its leaders.
FG terminates law suit
To facilitate a return to the negation table, the government terminated the contempt suit. The withdrawal of the suit was one of the conditions given by the NLC in its communique issued on August 2 to avert an industrial action on August 14.
The Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Beatrice Jedy-Agba, had said the action violated the 5 June order of the National Industrial Court in Abuja, which, according to her, barred the organised labour from embarking on any form of “industrial action.”
However, in announcing the termination of the contempt suit, Mrs Jedy-Agba cited the intervention of President Tinubu in a letter addressed to the lawyer to NLC, Femi Falana.
“Upon the intervention of His Excellency, President Bola Ahmed Tinubu and the decision of the labour unions to call-off their industrial action after meetings with the President and leadership of the National Assembly, this Ministry did not proceed further with the contempt proceedings, which would have required the issuance of Form 49 within two days of the issuance of Form 48.
“It is self-evident that the non-issuance of Form 49 as of 4th August 2023, renders the contempt proceedings inchoate. You may therefore wish to advise or guide the labour unions on the practice and procedure of contempt proceedings, particularly to the effect that the issues or concerns raised by NLC in its communique on the proceedings, have been overtaken by events,” Mrs Jedy-Agba’s letter to Mr Falana read in part.
‘Why we resorted to contempt suit’
But in the letter terminating the contempt suit, Mrs Jedy-Agba said her ministry initiated the contempt proceeding because of “the need to safeguard the integrity of the court and prevent avoidable service disruption or damages to public facilities.”
She remarked that the organised labour, despite the correspondences she had exchanged with their lawyer, had gone ahead with the protest, causing disruption of work and destroying the gate of the National Assembly in Abuja
“The foregoing prompted the Ministry to initiate contempt proceedings by filing Form 48 on the same 2nd August 2023 in accordance with Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 of the Judgement (Enforcement) Rules. It is trite that issuance of Form 48 is just the starting point in contempt proceedings which will only crystallise upon the issuance of Form 49 and the consequential committal order,” she wrote.
Renewed strike notice
Despite having a “fruitful discussion” with President Tinubu on August 2, where the president made some commitment, the NLC has once again renewed its threat to commence a strike on Tuesday.
While listing some of the other reasons why it would mobilise its members for the nationwide shut-down, the centre accused the police of laying siege to the national headquarters of the National Union of Road Transport Workers, alleged exploitation of the rights of workers in Imo State, interference in trade union matters by the Abia State Government, proposed demolition by the new minister of the Federal Capital Territory, Nyesom Wike, among others.
On the resolutions it took, the NLC NEC resolved, “To embark on a total and indefinite shutdown of the nation within 14 working days or 21 days from today until steps are taken by the government to address the excruciating mass suffering and impoverishment being experienced around the country.
“To commence a two-day nationwide warning strike on Tuesday and Wednesday, the 5th and 6th of September, 2023, to demonstrate our readiness for the indefinite strike later in the month and to also demand that the state vacates the illegally occupied National Headquarters of the National Union of Road Transport Workers.
“To embark on a mass protest and rally in Imo State within this month of September 2023 in preparation for a major shutdown of the state to compel the state government to stop the abuse and violation of the rights and privileges of workers and trade unions in the state.
“To begin the shutdown of the operations of Air Peace Airline and other companies in the aviation sector that are involved in serial violation of the rights of workers in the sector.
“To call on communities around the nation to stop taking laws into their hands but report to the authorities for amicable resolution any matter involving members of the Amalgamated Union of Food Stuffs and Cattle Dealers of Nigeria which is one of our affiliates.
“To demand that the new Minister of the Federal Capital Territory desist from threatening poor masses in the FCT with demolition of their properties built from their years of toil but should focus more on making houses available to the people.”
Can Lalong stop the strike?
With organised labour mobilising its members for a showdown with the government, the focus has shifted to Minister of Labour and Employment, Simon Lalong on how he would handle the labour leaders.
On assumption of office on August 21, Lalong pledged to resolve all pending labour disputes by working closely with the two labour centres – the NLC and the TUC.
The minister also promised to address with strong determination the new minimum wage and other palliatives arising from the removal of fuel subsidy.
He had said: “On the relationship with the organised Labour, the Government through the Ministry shall work closely with the NLC, TUC and their affiliates towards not only ensuring that all pending industrial disputes are settled amicably, but also addressing with strong determination the new minimum wage and other palliatives arising from the removal of fuel subsidy.
“I use this opportunity to specially convey the appreciation of Mr. President to the organised labour and Nigerian workers in general for exercising tremendous understanding and patience with the current situation. The Government does not take this for granted and Mr. President has directed that we move on with negotiations to arrive at amicable resolutions that will make our workers overcome the current pains.”
Will Lalong be able to stop the planned strike or will the government resort to another court order? Nigerians are watching.