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  • Labour law, unions and national security

    Labour law, unions and national security

    • By Ayomide Koleosho

    The relationship between Labour unions and the Nigerian Government has long been marked by tension and resistance. While Labour unions serve as legitimate machinery for protecting workers’ interests and promoting industrial peace, their influence has extended into the political and security spheres of the nation.

    The legal foundation for union activities rests on the recognition of workers’ rights to freedom of association enshrined in the Constitution. However, the increasing tendency of Labour actions to disrupt essential services and national infrastructure raises an unsettling question about where legitimate industrial agitation ends and a threat to national security begins

    Are Labour unions defenders of workers’ rights or threats to national security? Should a strike for fair wages be met with negotiation or suppression? These questions have haunted Nigeria’s labour landscape for decades. In earlier times, Labour unions were considered as the bedrock of democratic resistance and social justice. As time went on, the resistance characteristics of these unions created tensions with the Government causing them to be portrayed as enemies of stability. From colonial resistance to shutdowns in the modern day, the tension between organised labour and the state has never been far from the headlines. And today, the question is far from settled. The recent standoff between PENGASSAN and the Dangote Refinery has once again reignited debates around the role of unions in Nigeria’s economic and political stability. Are we witnessing the legitimate fight for labour rights or the rebranding of activism as a security threat?

    A deeper understanding of these issues requires an examination of the historical roots of the relations between the Nigerian State and Labour Unions, the legal and political frameworks, and how recent events continue to blur the line between national interest and workers’ rights.

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    History of labour unions

    The first formal trade union in Nigeria was formed in 1912 during the colonial era. It was called the Civil Service British Workers’ Union. Their activities initially were initially focused on labour conditions. They sought modest improvements in working conditions rather than engaging in collective bargaining or industrial action. However, the growing discontent among Nigerian workers over discriminatory wage structures and poor working conditions gradually fostered a stronger sense of solidarity and activism. This resulted in an anti-colonial agenda.

    A significant turning point came with the enactment of the Trade Union Ordinance of 1938, which granted legal recognition to trade unions and introduced a framework for their registration and regulation. Following this milestone, several unions emerged. Examples include the Railway Workers’ Union (RWU), the Post and Telegraph Workers’ Union, and the Nigerian Union of Teachers (NUT). The growing activities of these unions culminated in the General Strike of 1945. The strike was led by the charismatic labour leader Michael Imoudu. The strike lasted for 45 days and united over 40,000 workers in a coordinated demand for wage increases and cost of living allowances. Beyond its economic motives, the strike became a symbol of national unity and resistance against colonial economic injustice and laid the foundation for the political relevance of the labour movement in Nigeria. The post-strike period saw the emergence of umbrella organizations such as the Federation of Trade Unions of Nigeria (FTUN) in 1949

    The labour movement in Nigeria continued to evolve after independence. The Nigeria Labour Congress (NLC) was formally constituted in 1978 as the sole national federation of trade unions, merging four existing labour centres and restructuring over 1,000 unions into 42 industrial unions. This centralisation was partly engineered by the military government of the time.

    The military era particularly marked periods of intense suppression and control over labour unions. The NLC’s opposition to the Structural Adjustment Programme (SAP) led to its dissolution in 1988 under General Ibrahim Babangida’s regime. Similarly, General Sani Abacha’s government dissolved the NLC and proscribed unions like the National Union of Petroleum and Natural Gas Workers (NUPENG) and the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) in 1994, following their agitation for the restoration of democracy. Labour leaders were frequently arrested and union meetings disrupted during these periods.

    The struggle had during the military regime actually demands more than a cursory mention. Typical of military regimes, there were widespread suppression of the rights of workers and their leaders. In 1985, the Buhari military junta proscribed the Nigerian Medical Association and (NMA) and the National Association of Resident Doctors (NARD) for going on strike to demand increase in the salaries of doctors and improvement in public hospitals. Dr. Emmanuel Akpabio and Dr. Beko Ransome-Kuti, the NMA President and the 1st Vice-President, respectively, were detained in the Kirikiri Maximum Correctional Centre under the State Security (Detention of Persons) Decree No 2 of 1984. The Alao Aka-Bashorun Chambers challenged their detention in the Lagos State High Court. It was when the case was pending that both detainees were released after they had been in prison custody for six months without trial. The leaders of the NARD fled the country when the junta wanted to arrest and detain them.

    On October 1988, the senior staff union of the defunct National Electric Power Authority (NEPA) went on a three-day strike to protest the inadequate funding of the organisation, lack of safety measures and poor service conditions. Eleven of the striking workers were later arrested and accused of sabotage. They were charged with economic sabotage before a special military tribunal that sat in Jos, Plateau State. They pleaded not guilty to the monstrous charges, but were nonetheless convicted and sentenced them each to life imprisonment. The life sentence was later reduced by the military government to 10 years. As a result of local and international outrage against the criminalisation of the strike, the military president, General Ibrahim Babangida pardoned the convicts before the end of their prison terms. 

    Not even the Legal Profession was spared by the Military. In 1993, the military Government took over the Nigerian Bar Association and handed it over to the Body of Benchers via Decree No 21 of 1993. Unbowed, the  Ikeja branch of the Nigerian Bar Association resolved unanimously to challenge the obnoxious Decree.  The firm of Femi Falana & Co., owned by foremost human rights lawyer, activist and Senior Advocate of Nigeria, was instructed to handle the case on behalf of all members of the branch. The firm successfully dragged the military regime to Court and won a landmark judgment which culminated in the obnoxious Decree being declared illegal and unconstitutional. See the case of Williams v Akintunde (1995) 3 NWLR (Pt 381) 101.

    The military, having been blooded by lawyers in Court, the Sani Abacha military junta promulgated the Legal Practitioners Amendment Decree No 21 of 1994 and thereby withdrew from the affairs of the NBA.  It was the only case that a Decree was successfully challenged during the military rule.

    With the return to democratic rule, some anti-union regulations were abolished in 1999. However, the government continued to seek ways to manage union power. The Trade Union (Amendment) Act of 2005 was enacted. The Act retained the NLC as a central labour union but also allowed other trade unions the freedom to federate and form umbrella unions. It also made union membership voluntary.

    Legal framework

    The 1999 Constitution of the Federal Republic of Nigeria: The Constitution guarantees the right to freedom of association. Section 40 provides that: “every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests.”

    This provision forms the constitutional foundation for trade unionism in Nigeria. However, the right is not absolute. Section 45 allows for restrictions on these rights in the interest of defence, public safety, public order, public morality, or public health. It is also subject to limitations under other laws regulating labour relations and public order.

    Trade Disputes Act 2004: This Act outlines the procedure for dispute resolution. It also defines what essential services are and places restrictions on strikes within these sectors.

    Trade Union Act 1990 and Trade Union (Amendment) Act 2005: This Act governs the formation, registration, and operation of trade unions. The 2005 amendment made union membership voluntary and allowed for the formation of multiple central labour organizations. It also sets stringent conditions for unions to meet before calling a strike.

    Concept of threat

    The Nigerian government has frequently invoked the concept of national security to justify interventions in labour disputes, especially when industrial actions disrupt critical sectors. For example, strikes have long been a weapon used by labour unions to make their demands heard and met. However, strikes are often considered a tool that disrupts the flow of economic activities and ultimately a threat to national security.

    Strikes in essential services such as healthcare, oil and gas, and education are often portrayed as direct threats to national security and economic stability. It is often met with fierce resistance. There are several examples of such situations in Nigeria.

    In January 2012, the Nigerian Labour Congress (NLC) and Trade Union Congress (TUC) launched a nationwide strike and mass protest against the government’s sudden removal of fuel subsidies. The move caused fuel prices to more than double overnight, triggering widespread outrage. The government framed the protests and strikes as a threat to national security and economic stability, especially as the shutdown paralysed major cities and halted economic activities across vital sectors.

    In response, the federal government deployed military forces to the streets and banned protests in certain areas like Lagos. The Government warned labour leaders of dire consequences. The strike was eventually suspended after intense negotiations and pressure, although the unrest revealed deep tensions between labour rights and state control under the guise of national interest.

    Similarly, the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) threatened to embark on a nationwide strike over issues related to oil sector reforms, unfair labour practices, and concerns surrounding the implementation of the newly signed Petroleum Industry Act (PIA) in 2021. The union warned that failure to address its demands could lead to the shutdown of oil production and distribution. Given Nigeria’s heavy dependence on oil revenue, the government reacted swiftly. They labelled any disruption to oil supply as a national security risk. Emergency meetings were convened with top officials from the Ministry of Labour and Employment and the Nigerian National Petroleum Corporation (NNPC). The government urged PENGASSAN to shelve the planned strike, emphasising the potential economic and security fallout. Under immense pressure, the union opted for dialogue.

    Recently, the Secretary to the Government of the Federation (SGF), George Akume, described the shutdown of the national grid by the NLC and Trade Union Congress (TUC) during a recent strike in June this year as a treasonable felony and economic sabotage. In turn, the NLC condemned these remarks, asserting that their actions were legitimate and constitutionally protected. Critics often argue that such rhetoric is often hyperbolic. They argue that they are designed to deflect blame from government failures and delegitimize union causes.

    A more recent example is the dispute between Dangote Refinery and PENGASSAN. PENGASSAN accused Dangote Refinery of sacking over 800 of its members for joining the union. The union also claimed these dismissals were because the workers exercised their constitutional and labour law right to join a trade union. PENGASSAN issued a directive to halt crude and gas supplies to Dangote refinery. This resulted in significant production deferments of approximately 283,000 barrels per day of oil and 1.7 billion standard cubic feet per day of gas and impacted over 1,200 MW of power generation. The NNPC quickly highlighted the significant disruptions of this to the energy sector. The government then intervened. The Vice President, Kashim Shettima criticized PENGASSAN for holding the nation to ransom over a minor labour dispute.

    NLC condemned this stance and argued that such stance undermined workers’ rights and portrayed legitimate union activity as sabotage. The NLC asserted that the actions of Dangote Refinery violated workers’ rights.

    Furthermore, the Nigeria Export Processing Zones Authority (NEPZA) issued a caution to PENGASSAN that strikes and lockouts are expressly prohibited within Free Trade Zones, where Dangote Refinery is located, for a period of ten years from the commencement of operations.

    Impact on labour unions and the rights of workers

    The consistent framing of union actions as threats to national security and the subsequent government reactions have had a profound impact on labour unions and the right of workers in Nigeria. Some of the impacts include:

    i.                   Restrictions on Fundamental Rights: The essential services provisions and stringent strike conditions in labour laws restrict the fundamental rights of workers to freedom of expression and association. This could in turn make them susceptible to their employers’ whims.

    ii.                Harassment and Victimization: Labour leaders and members have faced arrests, detention, and other forms of harassment especially during military regimes.

    iii.             Erosion of Public Trust: The tendency of the government to resort to framing union actions as threats rather than addressing legitimate grievances can erode public trust in government institutions and exacerbate tensions.

    iv.             Influence on Policy Reform: Labour unions have historically been effective tools for advocating policy reforms and improving working conditions. Their industrial actions have often forced the government to reconsider or modify policies detrimental to the welfare of workers.

    Essential services and restrictions on strikes

    The Trade Disputes Act 2004 contains provisions related to essential services. It restricts the ability of workers in these sectors to engage in strikes that could endanger public health or safety. Section 41(1) makes it an offense for workers employed in any essential service to cease work without giving their employer at least 15 (fifteen) days’ notice of their intention to do so. The offense is committed if the cessation of work would deprive the community or any part of the community either wholly or to a substantial extent of that or any essential service.

    Additionally, the Trade Disputes (Essential Services) Act in Section 1 empowers the President to proscribe any trade union or association whose members are employed in any essential service if the President is satisfied that such a union is or has been engaged in acts calculated to disrupt the economy or acts calculated to obstruct or disrupt the smooth running of any essential service. Once proscribed, the union ceases to exist. According to the Trade Unions Act, essential services include water supply, electricity, telecommunications, health services etc.

    The Court has also made pronouncements in some cases as to whether certain services are essential services. In ENUGU STATE GOVERNMENT V. NIGERIA UNION OF TEACHERS (NUT) SUIT NO.: NICN/EN/01/2022, the National Industrial Court declared that teachers in Enugu State public primary schools are not in essential services and are therefore not prohibited from striking. Justice Oluwakayode Arowosegbe held that the adverse effects of strikes in the education sector are futuristic and would not immediately portend danger of immediate extremity on public order, morality and safety. The court dismissed the case of the Government, which sought to restrain the teachers from striking, and ordered parties back to the negotiation table.

    Recommendations

    The relationship between Labour unions and national security in Nigeria is a delicate balance between the constitutional rights of workers to associate and embark on industrial action and the perceived need of the government to maintain public order and economic stability. Addressing this requires a careful approach that considers both the fundamental rights of workers and safeguarding the stability of the country. This can be achieved by fostering transparent communication channels between Labour unions, employers, and government agencies to ensure that concerns are identified early and addressed collaboratively rather than through confrontation.

    The Government should be more proactive in addressing concerns of the unions rather than viewing their actions as national threats. Promptly attending to their concerns will prevent prolonged actions that can negatively impact the security and economy of the nation.

    Also, Judicial Intervention should be sought promptly. Seeking court opinions and orders to restrain unions from embarking on or continuing strikes while also mandating the government to consider their requests is an effective way to address the issue. It will help in ensuring that the government’s actions to suspend or proscribe unions must be backed by concrete evidence of threats to public order and not mere allegations

    In NATIONAL UNION OF ROAD TRANSPORT WORKERS (NURTW) V. OYO STATE GOVERNMENT, SUIT NO: CA/IB/263/2022, the Court of Appeal overturned the 2019 suspension of the NURTW in Oyo State and declared the action of the Governor unlawful. The Governor had proscribed the activities of the union citing breaches of peace. However, the Court of Appeal ruled that the Oyo State Government failed to provide evidence of any breach of peace or public order that would justify the suspension of the activities of the union.

    Conclusion

    The relationship between Labour unions and the issue of national security is undeniably complex and demands careful management. While Labour unions are essential defenders of the rights of workers and social justice, it is equally vital to recognize and address potential security risks that could arise from unchecked activities or external influences.

    The right of workers to unionize and embark on industrial action is not a privilege granted by the state, it is a cornerstone of democratic freedom and a vital mechanism for social and economic justice. To label such actions as threats to national security without clear and justified cause is not protection but repression.

    Governments have a duty to safeguard the nation but that duty must not be wielded as a blunt instrument to silence dissent or weaken the collective voice of workers. Strikes and protests may disrupt the status quo but they are not inherently acts of subversion. They are often cries for fairness and accountability. What is needed is a balanced framework where national security is protected through lawful and transparent means and where workers can organise without fear of being branded as enemies of the state.

    •        Koleosho is a legal practitioner and corporate governance expert

  • Unions reject planned salary deduction for health insurance

    State-owned tertiary institutions in Osun State have rejected the government’s plan to start the deduction of 1.5 per cent as premium from their basic salary for the health insurance scheme.

    A letter dated June 20, 2019, and signed by the Academy Staff Union of Polytechnics, ASUP, Osun State Polytechnic, Iree; Osun State College of Technology, Esa-Oke; College of Education Academic Staff Union (COEASU) Colleges of Education, Ila-Orangun and Ilesa, urged the government to exclude the institutions from the deduction in the interest of industrial peace.

    The letter addressed to Governor Adegboyega Oyetola was in response to the government’s letter titled: “Commencement of 1.5 per cent Deduction as Premium from the Basic Salary of all Public Servants in the state and Alignment of all state-owned Tertiary Academic Institutions with the Osun Health Insurance Scheme Tertiary Institution Social Health Insurance Programme”.

    Read Also: Osun pensioners split over protest

    The letter reads in part: “We acknowledge the effects of the government to improve the general welfare of workers and residents in our dear state. The circular under reference dictates that as from May 2019, 1.5 per cent of salary would be deducted while government wills 3 per cent as counterpart fund to provide health insurance scheme for workers in the state.

    “We are constrained to use this medium to request for exemption from Osun State Health Insurance Scheme.”

  • Unions to clamp down on electricity firms

    The National Union of Electricity Employees (NUEE) and Senior Staff Association of Electricity and Allied Companies (SSAEAC) have concluded plans to clamp down on electricity distribution companies that have no condition of service for workers.

    The unions argued that any of the Distribution Companies (DisCos) and the Generation Companies (GenCos) without condition of service for their workers has no business remaining in the power sector.

    The unions said this during the signing of conditions of service of the Jos Electricity Distribution Company (JED) Plc in Lagos.

    They commended JED Plc. for the steps taken and promised to give the organisation the best co-operation to ensure its growth.

    SSAEAC President-General, Chris Okonkwo, who disclosed that JED has proved to be labour-friendly, said other companies in the electricity sector must desist from denying workers their rights.

    He warned that the unions would do all within their powers and the law to take firm stand against the erring firms.

    “This is an opportunity to warn those companies that they can run but they cannot hide. We will, within our powers and within the law, take a firm stand against them. They will be disgraced,” he said.

    The General Secretary of NUEE, Joe Ajaero, said the signing of a Memorandum of Understanding (MoU) with JED was timely, as the firm had saved itself from the union’s indictment.

    He added: “The signing of MoU with JED is very timely, as Bureau of Public Enterprises (BPE) is trying to shy away from its responsibility of revisiting the DisCos after five years.

    “JED has saved itself from the indictment of the union because in the next few days, we will start a rigorous campaign that any of the DisCos and GenCos that has no condition of service has no business remaining in the power sector.”

    Ajaero said with what JED has done in terms of human resources, it has fulfilled that condition and the union commends it for doing the right thing.

    “Enugu and Egbin have been stealing our monies; they have consistently been pilfering with the check off dues of the union,” he alleged.

    Earlier, the Managing Director of JED Plc., Mohammed Modibbo, who was represented by the companies Head, HR/Support Services, Abubakar Muhammed, affirmed that they would ensure total compliance with the conditions stated in the document.

    Modibbo, who appreciated the co-ordination by the unions during the period of preparing the document, enjoined other companies to see the condition of service to be benefits of all members of the organisation as a unit.

  • Court restrains unions from disrupting MMA2’s operations

    A Federal High Court sitting in Lagos has granted an order restraining the Air Transport Services Senior Staff Association of Nigeria (ATSSSAN), the National Union of Air Transport Employees (NUATE) and the National Association of Aircraft Pilots and Engineers (NAAPE) from disrupting the operations of the Murtala Muhammed Airport Terminal Two (MMA2).

    The court yesterday granted the order restraining the three unions from carrying out their threats of disrupting the activities of the terminal from this morning in the suit filed by Bi-Courtney Aviation Services Limited (BASL), operators of MMA2.

    The unions had given notice that they would disrupt operations at MMA2 from today over the disengagement of some workers of BASL who they said were reliefed of their jobs over their alleged attempt to join the union. BASL however claimed the affected workers had either attained retirement age or were found not to be diligent in their duties.

    But a statement issued by BASL yesterday said, “we will like to bring it to the attention of the entire public that the Federal High Court in Lagos in suit number FHC/L/CS/16412/18 has granted an order restraining the unions from carrying out their threats of disrupting the activities of the terminal. Pursuit to this order, members if the unions found in the premises of MMA2 would be liable to trespass. We reserve our right under the law of Nigeria to deal with such person as a trespasser.”

    BASL also assured customers and passengers of MMA2 that they will continue having seamless access to the facility.

    The statement said: “BASL is fully aware of the plan by some unions in the aviation sector to disrupt the operations of MMA2 over our decision to disengage some employees. Disengaging the ex-employees had nothing to do with unionism, as we were not aware of this. In as much as we know that the unions have the right to protest without disturbing public peace and safety, we too reserve the right to ensure that our operations and services are not interrupted in any way whatsoever.

    “Any attempt to carry out this lawless act despite the subsisting court order would be viewed seriously and considered as an act of economic sabotage targeting a concession which they constantly tried to truncate. And as a law-abiding corporate citizen, we will do everything possible within the ambit of the law to protect our facility.

  • ‘Unions’ threat to picket MMA2 bad for Nigeria’

    A member of aviation industry think tank group, the Aviation Round Table (ART),

    Group Captain John Ojikutu (retd), has warned that threat by unions to disrupt activities at the Murtala Muhammed Airport Terminal Two (MMA2) remained the greatest threat to aviation.

    Addressing reporters  in Lagos, Ojikutu, the chief executive of Centurion Securities, said if the unions carried out their threat, it would tarnish the image of the country and negatively affect the

    travelling public, as well as airlines and other businesses operating at the terminal.

    He said although “the unions have a right to protest, there must be limits in aviation. If you say you want to disrupt the operations of MMA2 and you call the airlines operating from there to find an alternative, I get worried and I ask, what is the NCAA doing about it? There is nothing that happens in aviation today, good or bad, call the NCAA. If they fail to do it, then something is wrong.

    “Disrupting the operations of the airport terminal will affect airlines, who have a responsibility to the travelling public and other operators. If you disrupt an operator, you are simply hurting the nation and giving a very bad image of the country to the outside world. This is a country that wants to concession some of its airports. What are you telling the people that want to come in to buy into this? You are simply telling them not to come and if they don’t, how do you have a meal on your table? That is where my worry is.

    “My question is, where does the NCAA come in, in all of this because something came up before I heard about the union crisis? NCAA came up with a report on the number of flights and cancellations not too long ago. I challenged it and it was blamed on the airlines. More than 6,000 cancellations in 10,000 flights in one quarter is worrisome.”

  • Unions ask leaders to double efforts on nation building

    LABOUR leaders and workers yesterday urged the Federal Government to put in more efforts to meet their expectations as the country marked 19 years of democracy.

    They spoke with the News Agency of Nigeria (NAN) in Lagos in reaction to the speech presented by President Muhammadu Buhari to mark three years of his administration.

    Buhari’s democracy speech gave a synopsis of his administration’s achievements in the last three years in over 30 points on issues of economy, security and corruption.

    President, Civil Service Union Mr. Muhammed Kiri told NAN that the administration had put in good efforts in tackling corruption, but it needed to do more to curb the daily killings in some parts of the country.

    Kiri said workers were impoverished because of many factors, including poor minimum wage, which expressed the hope that it would soon be effectively tackled by the Minimum Wage Committee.

    “As a member of the minimum wage committee, we will soon start the technical session to debate on pertinent issues that will help us reach a conclusion on the wage increase,” he said.

    General Secretary, United Labour Congress (ULC), Mr. Didi Adodo, said Nigerians, particularly workers, expected more in the last three years because of the economic challenges.

    Adodo added that some state governments still owed thousands of workers’ salaries and allowances, which had further impoverished them.

    “We expect more from the leaders that will reflect the desired change.

    “Workers are still expecting a new minimum wage, insecurity has not abated and cost of goods are still high,” he said.

    For Mr. Simon Anchaver, the President, Agriculture and Allied Employees Union of Nigeria (AAEUN), there is need for stiffer measures that would reduce the killings in Benue and other states.

    According to Anchaver, insecurity has affected agriculture produce, in spite of government’s efforts to pursue food security programme.

    “Today many cannot sleep with two eyes closed in Benue.

    “Government has done some programmes but the high rate of insecurity has made us not to feel the impact,” he said.

    The union president urged the Federal Government to fulfill all its promises to improve the lives of the people.

    Lagos Chamber of Commerce and Industry ( LCCI) Director-General Mr. Muda Yusuf said though expectations of Nigerians were yet to be met, the government had done well in some areas.

    Yusuf lauded the Buhari-led administration on its improvement on foreign reserve, which has grown from $23 billion to $47 billion.

    He said though inflation rate had declined but it was yet to reflect on goods and services.

    He, therefore, appealed to the government to reduce interest on loans to boost businesses.

     

     

  • Unions threaten to shut airspace over ex-Nigerian Airways workers’ unpaid pension

    AVIATION unions have threatened to shut down the airspace in the next two weeks over the Federal Government’s failure to pay the N45 billion final severance packages to the almost 6,000 former workers of Nigeria Airways Limited (NAL) .

    The industry unions were peeved by the insensitivity of the Ministry of Finance to pay the workers over 10 months after the approval by the Federal Executive Council (FEC).

    The unions – National Association of Aircraft Pilots and Engineers (NAAPE), the National Union of Air Transport Employees (NUATE) and the Air Transport Senior Staff Services Association of Nigeria (ATSSSAN) – said they would not wait until the entire workers of the former national carriers died before taking step to ensure that they were paid their benefits.

    The petition, dated March 19, was signed by Ocheme Aba for NAAPE, Frances Akinjole, ATSSSAN and Alayinka Abioye for NUATE and addressed to Minister of State for Aviation Senator Hadi Sirika.

    The petitioners also copied the Ministers of Labour and Employment and Finance.

    The ex-workers had accused Minister of Finance Mrs. Kemi Adeosun of willfully delaying the payment of the severance packages despite approval by the government.

    The unions noted that they had begun the mobilisation of the Nigeria Labour Congress (NLC), Trade Union Congress (TUC) and United Labour Congress (ULC) in a bid to gather support for the action.

    The petitioner, however, hailed Sirika for his efforts to ensure that the workers were paid appropriately, but wondered why Adeosun had failed to pay the sum as approved.

    The petition reads: “However, it is disheartening that the Honourable Minister of Finance has unconsciously and negatively prioritised the President’s directive on this matter. She has equally in a most uncaring manner, refused to heed all entreaties by the hapless ex-workers.

    “Not even the cries of the growing list of the avoidable deaths and other afflictions created by their excruciating conditions of existence had pinched the minister’s rock hard ear. Our previous letters to the minister has failed to move her just as earlier letter from the NLC on the matter.

    “As we can no longer wait for all the ex-staff of the Nigeria Airways to die before entitlements are paid, we are therefore, compelled to force Adeosun to come to terms with the reality of the situation and be rid of her gross insensitivity.

     

     

  • Why fuel scarcity will persist, by unions

    Why fuel scarcity will persist, by unions

    •Security checks, bad roads, forex, others blamed

    For more than two months, the fuel situation has been unpredictable. Today there is product and the next day – the pumps at the filling stations are dry. Major players in the oil industry say the government should go beyond products’ importation. They are pushing for a friendly Foreign Exchange (forex) rate, a good road network and reduced security checks, among others, writes Emeka Ugwuanyi.

    THERE seems to be no letup in the blame trading game over who should be held responsible for the perennial fuel scarcity.

    Since the queues returned to filling stations across the country at the turn of last year, the Federal Government and those in the distribution chain of petroleum products have been passing the bucks.

    The supply flow has been unsteady following the withdrawal of oil marketers from importation, leaving the business to the Nigerian National Petroleum Corporation (NNPC).

    The fuel queues, which began on December 7 in Abuja, eased on January 2 but re-surfaced on January 5. They have been off and on in the FCT and many parts of the country.

    The Nigeria Labour Congress (NLC) said the petrol supply and price situation deserved an urgent and lasting solution.

    Its local chapter chairman in Anambra State Jerry Nnubia said it was expected that the price of petrol would return to normal soon after the Yuletide period but the crisis had lingered.

    According to him, the unofficial hike in the price of petrol was having a severe effect on Nigerians, especially workers.

    Nnubia said: “The Federal Government should ensure that the sector returned to normal through massive supply products.

    “You are aware that petrol is the driver of every other sectors of the economy and you can see the suffering this hike has brought to the people.

    “The labour is holding government responsible for what is happening because they are the only people that can save the situation.”

    Some unions have warned that Nigerians may have to contend with irregular supply for now. They blamed persistent queues on Depot and Petroleum Products Marketers Association of Nigeria (DAPPMAN), Foreign Exchange (forex) rates, decaying infrastructure and security checks, among other factors.

    According to them, the insatiable quest of DAPPMAN members for maximum profit as major players in the distribution chain has not been helping matters.

    They alleged that the depot owners sell product to others for distribution above the rates fixed by the Petroleum Products Pricing Regulatory Agency (PPPRA).

    The development, they explained, leave with two options. They either stop restocking their filling stations or retail at above the litter price.

    To them, the second option is the devil’s alternative as officials of the Department of Petroleum Resources (DPR) deployed to enforce compliance with the PPPRA ceiling constantly sanction erring stations.

    More than 78,000 litres of petrol were dispensed free of charge to motorists in Abuja from the various stations that were caught selling above the approved pump price of N145 per litre during a six-day monitoring by the Joint Task Force at the turn of last year.

    Seventeen fuel stations were at the weekend sealed in Niger and Anambra states by DPR monitors.

    Isah Jankara, Operations Controller of DPR in Niger State, where 13 stations fell under the hammer, told reporters: “If you want to sell petrol in Niger make sure you sell at government’s approved rate of N145 per litre. Also, make sure that you don’t divert the product because if you are caught you must face the penalty.”

    Jankara said that all the affected stations must pay necessary fines before they would be allowed to re-open for business.

    He said: “All marketers whose stations have been closed down for violation of the N145 pump price per litre are to pay the sum of N100, 000 per pump as penalty through the TSA (Treasury Single Account) and submit receipts of payment and bank teller to the Head of Operations before their stations will be re-opened for sales to the public at N145 per litre.”

    Jankara said that before now earring filling stations were only compelled to revert to government’ approved rate without sanction.

    Two of the four filling stations sealed in Anambra State were for alleged fuel diversion and the operators of the two other outlets were reprimanded for selling the product above N145

    The DPR officials forced five other stations to sell at the approved pump price.

    In Awka, Nnewi and Onitsha, fuel sells for between N185 and N200 per litre.

    DPR Head of Safety, Environment and Health Department, Linus Ikegbunam, who led a five-man enforcement team, said the marketers were suspected not to have discharged products meant for their stations accordingly.

    Ikegbunam said the filling stations sealed for suspected diversion had the product designated for them as contained in their manifests.

    He said DPR was worried over the rising cases of product diversion, especially at this time of supply challenges but assured that the agency was ready to combat the menace.

    Ikegbunam wondered why a marketer who procured as much as between 40,000 and 50,000 litres of petrol would not sell to the people rather divert them to other locations.

    He said the stations would remain closed until investigations were concluded on them and warned that those found culpable would be made to face the full wrath of the law.

    “Selling above government approved price of N145 is an offence and that is why we enforced compliance at some stations. Those who are habitual offenders were also sealed and penalised,” Ikegbunam warned.

    The Chairman of Independent Petroleum Marketers Association of Nigeria (IPMAN), Salihu Butu, confirmed to reporters at the weekend that the retail business has become unprofitable for his members.

    Besides paying higher for products at the depots, IPMAN, which accounts for 80 per cent of the retail outlets in the country, get 10 per cent products to sell, Buto told reporters on the tarmac of the Pipelines and Product Marketing Company (PPMC), at Suleja depot, Niger State.

    According to him, they buy above the ex-depot price to keep their stations open and remain in business.

    DAPPMAN, it was learnt, gets the product at N117 from the NNPC, the sole importer, and sells to marketers at N152 as against the approved ex-depot price of N133.80.

    Butu said: “The private depot owners do not sell to us at the official price. We buy at the unofficial price. How do we break even?

    “Our stations sell at N180 – N190 because when you get to the depots, you are presented with two accounts for payment: one for the actual price and the other for the extra, otherwise you cannot lift.”

    On the way forward, Butu said only President Muhammadu Buhari and the National Assembly could intervene in the fuel situation.

    He said: “Only President Muhammadu Buhari can solve this. He should come in, people trust him. When he increased price, people accepted, no questions asked. We knew it was for the better.

    “The National Assembly also should invite all aggrieved members to get to the bottom of this. There should be equity in distribution. NNPC depots should be stocked back to back. Only Major Oil Marketers Association of Nigeria (MOMAN) is loading.

    “Mr Umar Ajiya of PPMC held meetings with us. We decided to cooperate and so, I went to Aba, Warri, Mosimi and found that our members are given two-three trucks to share.

    “To keep their stations open and stay in business, our members have to buy. All these should be looked into.”

    A marketer at Seaman’s Petroleum in Anambra State, Geoffrey Anioke, said it has been difficult procuring products in the last two months, making it impossible to sell at the government approved price.

    Anioke said selling petrol at N145, when the landing was between N165 and N170 was a huge loss for them.

    He urged the Federal Government and the NNPC to supply enough petrol to eliminate the black market and artificial price increase.

    He said: “We get fuel from N165 to N170 at the moment and it is not possible to sell at N145 and forcing us to sell at that price is punishing us and driving us out of business.

    “We are ready to serve the people and keep the economy going and that is why we are making extra efforts to have product, we expect government to address the shortage rather than making us suffer.”

     

    Dilapidated infrastructure

     

    In times past, the Petrol Tanker Drivers’ (PTD) branch of the National Union of Petrol and Natural Gas Workers (NUPENG) threatened to call its members out of work because of the state of the highways.

    The condition of the roads is not only adding to their travel time, it is making them to visit the mechanics frequently.

    According to the Secretary of the Suleja branch of the PTD, Yakubu Ibrahim, the queues would have disappeared if the government had provide infrastructure, reduce the security checks that caused gridlock on the expressway.

    He described as harrowing that drivers spend several hours on s stretch that should take minutes.

    Ibrahim said: “Jebba to Mokwa is less than 100km (about 45 minutes’ drive), yet our members spend five hours there. Another gridlock is on the Agaie-Lapai-Lambata route.

    “Another issue they can look into is the security checks. They cause gridlock of 10-15 and sometimes 20km. Our members spend two days on those spots.

    “Like now, we are waiting for them here and they are there. The check points are too many.

    “The security agents keep stopping the drivers to dip, check specimen, or collect bribes even without having the right apparatus to check. All these cause unnecessary gridlocks.’’

     

    Interventions

     

    On the efforts being made by the various security outfits to halt hoarding and diversion of products by marketers, the Assistant Commandant-General of the Nigeria Security and Civil Defence Corps (NSCDC) in charge of Operations, Abdullahi Aminu, said his men and the NNPC have been collaborating.

    Aminu said: “Dr. Baru (NNPC Group Managing Director) and the Commandant-General of the NSCDC, Mr Abdullahi Muhammadu, collaborated to bring down the menace of diversion.

    “Part of our mandate is to monitor national assets and distribution of petroleum products and so every truck distributing petrol has a personnel attached to it to ensure the tankers get to the intended destination.’’

    He urged all station managers to check boots for jerry-cans, extra-fitted tanks for profiteers, who queued repeatedly, thereby hindering other motorists, saying they should be handed over to security agents.

    The NSCDC chief said: “There has been no complaint of collusion to divert products from our personnel because they know it will lead to instant dismissal.

    “We have arrested many miscreants who deal illegally and their cases are undergoing prosecution. They construct man-made tanks of 1,500 litres instead of the 50-60 litres.

    “If 10 of these cars queue up, they can finish half a tanker that should have served more motorists, hence we carry out a stop-and-search car boots.”

    DAPPMAN, MOMAN: we’re not saboteurs

    TWO major stakeholders in the fuel distribution chain – Depot and Petroleum Products Marketers Association (DAPPMA) and Major Oil Markers Association of Nigeria (MOMAN) – have distanced themselves from the perennial queues in some parts of the country.

    They described as untrue the allegation of their involvement in acts of sabotage.

    DAPPMAN Chairman Prince Dapo Abiodun, told The Nation that it will amount to standing logic on its head to accuse his members of selling above approved ex-depot price when “they don’t even have products.”

    To him, to solve the recurrent fuel scarcity, the Nigerian National Petroleum Corporation (NNPC) has to use all distribution channels (depots) including MOMAN, DAPPMAN and Independent Petroleum Marketers of Nigeria (IPMAN).

    Abiodun: “These are false and baseless allegations sponsored by IMPAN. The truth is that DAPPMA has hardly gotten product allocations. Almost 90 per cent of the total product from NNPC is being given to MOMAN including Total, Forte, MRS, Mobil, Oando and Conoil.

    “The fuel scarcity is because of supply gaps. If petrol supply is enough and consistent all these stories will fizzle away. The question to ask is, why didn’t this situation happen before December last year?”

    The Secretary of MOMAN in Suleja, Niger State, Femi Akano, said the association was not involved in any act of sabotage.

    “Our members have complained of gridlocks, infrastructure and security checks as reasons for delays and we have cooperated with the government. So, acts of sabotage on our part are untrue’’, he said.

     

  • Why we’re resuming strike, by varsity non-teaching unions

    •Congress accuses govt of ‘deceit, divide and rule’

    Non-teaching staff of universities on the platform of the Joint Action Congress (JAC) have explained why they are  resuming their suspended strike  today.

    Their unions accused the Federal Government of deceiving them into suspending the strike action in the first place.

    The three unions are the Senior Staff Association of Nigerian Universities, Non Academic Staff Union and the National Association of Academic Technologists.

    Addressing a news conference, the body’s National Chairman, Comrade Samson Ugokwe, said rather than implement the terms of settlement reached with the union, the government has decided to introduce divide and rule into universities to create disaffection among staff and unions.

    Ugbokwe said the Federal Government’s plan was designed to refuse payment of the shortfall in salaries of members.

    According to him, the Memorandum of Terms of Settlement entered into with the government by the three unions states, among others, that the N23 billion approved by the Federal Government is for the payment of arrears of Earned Allowances and it cuts across both teaching and non-teaching staff of the various Federal universities.

    It also required that trade unions under JAC are to update the templates already with the Implementation Monitoring Committee (IMC) and submit same to the Federal Ministry of Education by Thursday September 21, 2017.

    In addition, he said the memorandum states that “as from 2018, efforts should be intensified to include the allowances in the annual budgets of the universities to enable payments to be made as and when due.

    “The government had commenced the payment of salary shortfalls, but the universities are to provide the specific details of beneficiaries required by the Office of the Accountant General of the Federation to facilitate the payment.

    “The Presidential Initiative on Continuous Audit (PICA) is to expedite action on the universities that have not been verified. Mandate payments to some universities were presented and sighted.”

    He added that the unions were informed that government through the NUC, had issued a circular directing the universities to implement the National Industrial Court (NIC) judgement in respect of University Staff Schools, while the National Salaries, Incomes and Wages Commission had initiated the process of ensuring compliance with the NIC judgment and it was hoped that the process would be concluded within four weeks of the meeting.

    Thereafter, the government would issue a Service Wide Circular in compliance with the NIC judgement.

    Ugokwe said these were part of the 10 points of settlement agreed with the government and signed in September with implementations expected to commence within one month.

    He expressed sadness that two months after the MoU was signed, the situation that warranted the strike in September remains.

    He added that none of the issues that prompted the strike in the first place has been addressed while “it appears that government through its officials have decided to orchestrate an evil plot to factionalise the university, cause disharmony and disaffection within the system, thereby destroying the emerging industrial peace we have been witnessing in recent time”.

    He said: “On the whole, it appears to us that the allocation as presently done is laced with a motive of destabilising the university system and causing disaffection among members of the university community, and we make bold to say that the Permanent Secretary, Federal Ministry of Education, Architect Sonny Echono is complicit in this regard.

    “We see the recent development as a deliberate attempt to destabilise the Muhammadu Buhari administration and we call on the Federal Government to investigate this anomalous action by the Federal Ministry of Education, under Echono’s watch.

    “If not, why did the Federal Ministry of Education decide to calculate the payments for each university and union in the university? Why didn’t they go through the Governing Councils of the Universities in allocating the monies instead of a vague and blanket directive to Vice-Chancellors, sharing the money into two parts – ASUU and non-teaching? We see corruption written in bold and capital letters and we demand for an investigation.

    “The Joint Action Committee of NAAT, NASU and SSANU hereby state for the avoidance of any doubt, our rejection of the so-called allocation as it is obvious that we were conned by the Permanent Secretary, Architect Sonny Echono and the Minister of Labour and Employment, into believing that the N23 billion released for Earned Allowances cut across both teaching and non-teaching staff as we have now discovered it not to be so.

    “We, therefore, demand for a separate amount being the second tranche of arrears for payment of Earned Allowances to non-teaching staff across the Federal universities in Nigeria.

    “An understanding was reached with the Federal Government that the N23 billion earmarked for Earned Allowances was for the payment of the second tranche of arrears of Earned Allowances for both teaching and non-teaching staff in the university system.

    “As people of honour and considering that a document was signed to that effect, we had no reason to doubt the authenticity of their written commitment. Unfortunately, however, events have proven that we over-assumed the sense of honour of these government officials, particularly, Architect Sonny Echono, the Permanent Secretary, Federal Ministry of Education, as the outcome of their actions proved contrary to the understanding that was reached with the government through them.

    “To our consternation and utter dismay, the N23 billion has clearly been shown to be a payment for the Academic Staff Union of Universities for their so called “Earned Academic Allowances”, while the three Non-teaching staff Unions were allocated a paltry N4.6 billion (11 per cent).

    “The allocation as presently done has many fundamental flaws. Firstly, it is unheard of that allocations from the Federal Government to institutions would be split from the ministry, according to unions and universities. The standard procedure has been to allocate funds to universities and not universities and unions within the universities. Extremely strange!”

  • Unions canvass decent work conditions for workers

    Unions canvass decent work conditions for workers

    Organised Labour, last week, joined other workers across the globe to celebrate this year’s World Day for Decent Work (WDDW).

    For over a decade, October 7 has been observed annually as a day to champion the cause of ending workers’ enslavement through casualisation.

    The Nigeria Labour Congress (NLC) picketed many companies, which allegedly have casual workers, and banned their workers from joining unions of their choice.

    Among those affected were telecommunications giant MTN, CHI Nigeria Limited, Orange Group, Namoh Nigeria Limited, Consolidated Business Holdings, and Abuja Environmental Protection Board.

    NLC President AyubaWabba said the picketing was necessary as the companies, despite repeated warnings and visitations by labour leadership, refused to stop their anti-workers’ activities.

    The companies’picketing, he said, would be done in batches and a continuous exercise until employers stopped the violation of workers’ right and casualisation.

    Chairman, NLC Committee on Casualisation, Solomon Adelegan, who is also the union’s Vice President,  led the picketers. According to him, only the government’s political will can stop workers’ abuse in the country.

    He said:“Political will by the government through laws made by the National Assembly and passed by the Presidency will put a stop to casualisation of Nigerian workers by employers, as any of such laws can be enforced by the law enforcement agencies.”

    Adelegan said this year’s event marked the 10th anniversary of the WDDW, and the second edition to be celebrated under the Ayuba Wabba- led NLC, adding that labour would ensure that the evils of casualisation were tackled.

    To him, picketing is inevitable as employers engage in casualisation, contrary to the laws on employment, international labour and human rights conventions, and the basic principles of decent work signed by member nations of the International Labour Organisation (ILO); and, particularly, UN Sustainable Development Goals on the right and welfare of workers.

    Adelegan said the NLC demands were for employers to stop workers’ casualisation, pay them living wages, and allow them to form and belong to trade unions of their choice in compliance with the labour laws and the ILO Convention 87.

    Others are: “Integrate these workers and their unions in your internal collective bargaining machinery in all work places in compliance with ILO Convention 98 and respect of all national laws and international  labour conventions on the rights of workers.”

    The picketing in Lagos was quite successful as the management of the two companies visited,  Orange Group and Consolidated Holdings, signed agreements with the NLC to allow workers in their organisations to belong to union.

     

    Minimum Wage

    The unions under the auspices of IndustriALL Global, however, dreaw awareness to workers’ plights as they marched across Lagos with placards, and called on the two labour centres, the NLC and the Trade Union Congress (TUC) to issue ultimatum to the Federal Government on the new minimum wage.

    The IndustriALL Global Union members said the ultimatum should be given to the government over the protracted new minimum wage issue, noting that the government must be given a time frame to either inaugurate a minimum wage committee or face industrial unrest.

    Vice Chairman of the global body, Mr. IssaAremu, said workers could not scontinue to work under a precarious wage, while the government continued to delay on a new minimum wage after the expiration of the N18,000 minimum wage in 2015.

    He said: “We have to call on all the labour centres in the country to give the Federal Government an ultimatum on the new minimum wage. The labour centres should give the government a time frame to immediately constitute and inaugurate a new minimum wage committee to negotiate a new minimum wage failing which we will withdraw our services.

    “We cannot continue to work under this precarious pay, under this high cost of living and hardship. It is our right to have a new minimum wage because the N18, 000 minimum, besides the fact that its life span has elapsed since 2015, the present socio-economic situation makes it imperative for us to have a new minimum wage.”

    Aremu, who is also the General Secretary of the National Union of Textile, Garment and Tailoring Workers of Nigeria (NUTGTWN), lamented the working conditions of workers across the country, and called on them to unite and fight against unfavourable working environment.

    He said the ILO set aside October 7 every year for workers to create awareness on their plight, adding that IndustriALL Global Union started marking the event five years ago.

    In his contribution, Chairman of the Nigeria National Council of IndustriALL Global Union, Igwe Achese, represented by the council secretary, Mr. Ismail Bello, said: “It is a day of action; a day to mobilise workers to organise and fight for change.  It is a day to engage employers-private or public, to respect the law and workers’ rights to freedom of association and collective bargaining.”

    He listed affiliates of Industriall Global Union in Nigeria to include the NUTGTWN; Nigeria Union of Petroleum and Natural Gas Workers (NUPENG); National Union of Electricity Employees (NUEE) and National Union of Chemical Footwear and Rubber, Leather and Non-Metallic Products Employees (NUCFRLANMPE).

    Others are Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN); Chemical and Non-Metallic Products Senior Staff Association of Nigeria (CANMPSSAN) and Steel and Engineering Workers Union of Nigeria (SEWUN).

     

    Unemployment

    The Association of Senior Staff of Banks, Insurance and Financial Institutions (ASSBIFI), at its programme to mark the day, however, said employers hide under the high rate of unemployment in the country to casualise workers.

    Its President, Oyinkan Olasanoye, said organised labour was, however, insisting that there must be a condition of service that would bring dignity into the contract staff service and into whatever role they occupy.

    Olasanoye, while speaking on the theme:“End corporate greed: The world needs a pay rise”, lamented that the wage difference between full -time staff and casual workers was very high.

    She added: “But instead of saying they shouldn’t work at all as contract workers, we are saying, the remuneration they are being paid should be something that shows work done with decency.

    “We have seen a lot of workers that have been on the same level for 10 years because they are contract staff. We are working with the house committee of the House of Representatives and labour that there should be a collective agreement for these contract workers.”

    Trade Union Congress (TUC) Secretary General Musa Lawal said ending corporate greed was ending capitalism, which to him is impossible to do. The problem cannot be solved until all workers came together to face the issue, he said.

    The guest speaker, Dr. Francis Anyim, said only a pay rise could stop greed in the workplace. He called for the urgent increase in the wages of workers, saying: “There is an urgent need to address the wage issue, if it is not  listed in the 2018 budget under consideration, there would be industrial actions by the workers as witnessed this year.”

    He joined ASSBIFI  President to call on workers to register to participate in the coming elections to better their lot.