…. No going back on strike, labour insists after meeting Reps
…..Govt Unveils Palliatives As Labour Insists On Strike
Ibe Pascal Arogorn
In a move to prevent Monday’s planned strike by the Nigeria Labour Congress(NLC) and the Trade Union Congress (TUC), the Federal Government has scheduled a meeting with the leadership of Organised Labour for 7pm on Sunday.
Deputy Director, Press and Public Relations, Federal Ministry of Labour and Employment, Charles Akpan, confirmed the meeting in a text message.
The meeting will hold at the Old Banquet Hall of the Presidential Villa, Abuja by 7pm.
The message reads: “The Honorable Minister for Labour and Employment, Dr. Chris Ngige will be meeting with the Organized Labour.
“The meeting earlier scheduled for Monday 28th September 2020 is now scheduled as follows:
“Date: Today, Sunday, 27th September 2020
Venue: Banquet Hall, Presidential Villa.
Time: 7pm.”
No going back on strike, labour insists after meeting Reps
The House of Representatives on Sunday waded into the crisis between the Federal Government and the organised labour over the recent hikes in the pump price of Premium Motor Spirit ( petrol) and electricity tariff .
The workers , however , insisted on starting industrial action on Monday until their demands are met .
The Nigerian Labour Congress and the Trade Union Congress had jointly declared their readiness to embark on a nationwide strike and protests to compel the Federal Government to reverse the hikes . The hikes had generated nationwide criticism .
The Speaker, Femi Gbajabiamila, on Sunday met with President of the NLC , Ayuba Wabba ; and his TUC counterpart, Quadri Olaleye , among others .
Also at the meeting were the Deputy Majority Leader , Peter Akpatason; and Chairman , House Committee on Labour , Ali Muhammed .
The opening session began at 10:30am and ended at 10:52am . The meeting went behind closed doors and lasted almost one hour .
Emerging from the meeting , Wabba dismissed the various court rulings barring the workers from industrial action .
He said , “ We have had a useful discussion with the leadership of the House of Representatives .
We have shared our concerns and challenges with him ( Gbajabiamila) , especially the very challenges of the implication of the hike in the tariff of electricity and the ( petrol) pump price . We also told him how the discussions with the Federal Government went and how the meeting was adjourned .
“ He has also promised to try to intervene at his own level, to see to it that we don’ t inflict more pains on Nigerians .
And in the course of the discussion , we have also realised that the House of Reps has done a lot on this issue , including recommendation to government which we have shared mutually .
“ But the bottom line is that we want this burden that has now been shifted to Nigerians as consumers to also be lifted so that we can have a decent life. ”
Responding to a question on court injunctions barring workers from embarking on strike, Wabba accused the Federal Government of also disregarding a subsisting court pronouncement against electricity tariff hike .
The NLC boss said , “ Are you not aware also that there is a court judgment stopping the tariff? This is a valid judgment from the High Court stopping the tariff increase and that judgment is still subsisting . Are you not aware of that ? And on the issue of the court judgment , we have not been served.
“ As I said , in good faith , you ’ ll recall that we were on the negotiation table up till late Thursday night. Therefore , our expectation is that we should be able to , in good faith , continue to dialogue , not to try to ambush because we have not received the order as of today and we don’ t know the details of any order . Clearly speaking , we cannot speak on something that is not before us .
“ The reality is that , on the issue of electricity tariff , we have a court judgment , not court order , that has nullified the increase in tariff and , therefore , we believe that the rule of law must always prevail . And in this case also , we want the right thing to be done . ”
When asked if the organised labour would still go ahead with the strike as planned , Wabba said , “ If the issues are not addressed – you ’ re aware that we ’ ve given a notice and that notice will certainly expire by tomorrow – all the actions we have pronounced will certainly take effect . ”
Govt Unveils Palliatives As Labour Insists On Strike
Organised labour is pressing ahead with its planned anti-fuel price hike strike across the country tomorrow despite spirited efforts by the federal government and the 36 state governors to stave off the strike.
Not even a list of palliatives offered by the federal government to the workers seems to be making any impression on them.
A peace meeting convened on Saturday in Abuja by the Nigerian Governors Forum (NGF) with labour representatives yielded no fruit.
The Trade Union Congress (TUC), which is organising the strike with the Nigeria Labour Congress (NLC), said yesterday that there was no stopping the action.
Civil servants at federal and state levels declared their readiness for the strike despite the Friday warning by the Head of Civil Service of the Federation, Mrs Folasade Yemi-Esan, to workers on the payroll of the federal government not to join the planned strike.
Mrs. Esan cited the National Industrial Arbitration Court’s interim injunctions restraining the strike’s organisers from proceeding with their plan.
The President of the Association of Senior Civil Servants of Nigeria (ASCSN), Innocent Bola-Audu, responding to the warning yesterday, said that federal workers “are joining the strike. It is as simple as that.”
The federal government, in a last gasp effort to prevent the strike, has offered five categories of palliatives to the workers, including the extension of the N500 billion COVID-19 intervention funds to them.
But labour says while it remains open to resumption of talks with government tomorrow, it is not “too keen” on the palliatives.
A highly-placed government source said: “The government has worked round the clock to put some palliatives in place to mitigate the effects of fuel price increase and the hike in electricity tariffs.
“We have limited resources but we are bending backwards to adjust to accommodate the workers’ demand without hurting the economy.
“For example, Nigerian workers will benefit from the N500 billion set aside for COVID-19 intervention funds in one form or the other. This is why we are also engaging the Nigeria Governors’ Forum (NGF) in the talks with labour.
“The agriculture loans we are giving to 240,000 workers will be interest free to enable them augment their salaries. The nation’s constitution allows workers to own farmlands.
“Our appeal to Labour leaders is to avert any strike action which will further compound our economic challenges. We have lost so much to the COVID-19 pandemic. We cannot afford to leave the economy grounded.”
The source listed the palliatives as follows:
240,000 workers to benefit from government agriculture loans
*50,000 civil servants (Levels 01-04) to get N2.5 billion cash transfers meant for urban poor.
*Mass housing scheme for workers through Micro-finance and Federal Mortgage Bank
*Solar power for 5 million homes
*Mass gas-powered transit buses to convey workers to offices and for public use
*Hasten action on emergence of modular refineries
A labour leader confirmed the palliatives offer to “meet one of our conditions’, but said: “We know that it is a game or a bait to stop us from going on strike.
Continuing, the labour leader, who requested not to be named, said: “This is not the first time the government will come up with palliatives which will be implemented haphazardly.
“The last time they imported buses from abroad, the policy did not last. All the buses have been grounded along Kubwa Highway in Abuja.
“They have also failed to realise that this agitation is not about workers but about the plight of all Nigerians.
“At our session, we took note of the palliatives, but we said before we get to this stage, suspend the implementation of electricity tariffs for one month to enable the technical committee to complete its assignment.
“On modular refineries, we said we are interested in order to check wastage of scarce resources on the turnaround maintenance of the nation’s moribund refineries.
“In fact, the government delegation claimed that two or three modular refineries will soon come on stream. They said the Minister of Information and Culture, Alhaji Lai Mohammed, has gone to inspect one of these refineries.
“We are for the deregulation of the oil sector, but with a human face. We supported the government’s position on withdrawal of oil subsidy, but we must look inwards to produce the fuel we consume locally.”
Labour Minister Chris Ngige was optimistic, when contacted yesterday, that the strike could be averted.
He said: “I am a conciliator between the two parties. I am aware the government has presented its proposed palliatives to the Labour leaders.
“We are hopeful that we will find solutions to all the demands in order to save the nation the agony of any strike action.
“We are hopeful that there will be truce at the end of the day. This is our nation; we have to work collectively to help it to wade through the present economic challenges.”
Falana Led Coalition Calls On IGP, Commissioners Of Police To Provide Adequate Security For Protesters
The members of the Alliance on Surviving Covid-19 and Beyond (ASCAB) has resolved to join the public protest slated for September 28
In a statement made available to TheNigeriaLawyer (TNL) signed by its Chairman, Femi Falana (SAN), ASCAB drew the attention of the Inspector General of Police to the case of ANPP v IGP where the court held that peaceful demonstration is a fundamental right and citizens do not need permission to hold same .
Falana said, “in exercise of their fundamental rights of freedom of expression and assembly guaranteed by sections 39 and 40 of the Nigerian Constitution the members of the Alliance on Surviving COVID-19 and Beyond (ASCAB) and other concerned citizens have resolved to participate in the public protests scheduled to take place throughout Nigeria with effect from September 28, 2020. The peaceful (sic) protests will be conducted within the ambit of the Covid-19 Regulations.
“However, we are compelled to call on the Inspector-General of Police, Commissioners of Police in all the States of the Federation and the Federal Capital Territory to provide adequate security for the protesters. This call is anchored on the case of All Nigeria People Party & Ors (2006) CHR 181 wherein the Federal High Court struck down the provisions of the Public Order Act which required permits for public meetings and rallies. Consequently, the Court proceeded to grant an order of perpetual injunction ‘restraining the Defendant (the Inspector-General of Police) whether by himself, his agents, privies, and servants from further preventing the Plaintiffs and other aggrieved citizens of Nigeria from organizing or convening peaceful assemblies, meetings and rallies against unpopular government measures and policies.’
“Completely dissatisfied with the epochal judgment of the Federal High Court the Police Authorities appealed to the Court of Appeal. In dismissing the appeal in the case of Inspector General of Police v All Nigeria People Party & Ors (2008) 12 WRN 65 the Court of Appeal upheld the fundamental right of Nigerian citizens to assemble freely and protest without any inhibition whatsoever. In the leading judgment of the Court, Adekeye JCA (as she then was) held that “Public Order Act should be promulgated to compliment sections 39 and 40 of the Constitution in context and not to stifle or cripple it. A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a tread recognized and deeply entrenched in the system of governance in civilized countries – it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.’ ”
Falana added that by the provisions of the Electoral Act, now the police are mandated to provide security for protesters and instructed not to attack them
“The National Assembly responded positively to the call made by the Court of Appeal for the amendment of the Public Order Act. The amendment of the Electoral Act in March 2015 addressed the lacuna. Thus, section 94 (4) of the Electoral Amendment Act, 2015 stipulates that “Notwithstanding any provision in the Police Act, the Public Order and any regulation made thereunder or any other law to the contrary, the role of the Nigeria Police Force in political rallies, processions and meetings shall be limited to the provision of adequate security as provided in subsection 1 of this section.”
“In view of the clear and unambiguous provision of section 94 (4) of the Electoral Amendment Act 2015 we urge the Inspector General of Police and other Police Authorities in the country to maintain neutrality and ensure that the role of police personnel is limited to the provision of adequate securiy during the peaceful rallies, processions, and marches. In particular, police personnel should be instructed not to attack citizens who may wish to protest against economic programmes considered inimical to their interests.” the statement further reads.
We’ll enforce the law, police warn NLC, TUC
In their reaction on Saturday , however , the police said they would be guided by the position of the law on the matter .
Force spokesperson , DCP Frank Mba, in his response to questions from one of our correspondents on Saturday , simply said , “ What does the law say in this circumstance ? We would enforce the law . That is the only thing I can say . ”
The meeting between the labour unions and the Federal Government had been adjourned till Monday following the failure of the two parties to reach a compromise on the matter .
Police lack power to stop labour ’ s protest, strike – Lawyers
Meanwhile, lawyers have said the police lacked the power to stop the union members from staging their planned protest.
The police had on several occasions disrupted protests and in some instances arrested some of the protesters .
Among several examples , armed policemen from the Lagos State Police Command on September 9 arrested several protesters and journalists during a protest against the hike in electricity tariff and fuel price .
They also dispersed protesters at Ojuelegba area of the state.
But a Senior Advocate of Nigeria , Mr Chino Obiagwu, said on Saturday that the police had no power to stop the labour unions ’ planned protests or strike .
He added that the police could not confer on themselves the duty to enforce the court order restraining the labour unions from going ahead with the strike when the procedure for such had been stipulated in law.
He said , “ The court order , according to media report , is about NLC going on strike , it has nothing to do with protest . The court did not say citizens should not go out to protest , it said the labour should not go on strike . So , it is a trade dispute. It is not a criminal matter .
The police have no business in trade disputes. It is for the Nigerian government to go to court to obtain an order against whoever they believe has disobeyed the court order . ”
The senior advocate explained that the only way to enforce court judgment “ is to approach the court for the issuance of Form 48 and Form 49 and proceed judicially ” .
He added , “ The court will then make an order that the person who is in contempt of court be arrested; that is when the police will step in . It is not for the police to on their own say they want to enforce the order . Where has that happened ?
“ The Sheriff and Civil Processes Act provides for how court orders are enforced . In the case of All Nigerian People ’ s Party vs Inspector -General of Police, the Court of Appeal has said you don’ t need a police permit to protest because the right to freedom of assembly and association is inherent . The ANPP was one of the parties that merged to form the All Progressives Congress coalition ; they were the one that went to court . ”
Another lawyer and activist , Inibehe Effiong , also argued that the police lacked the power to stop the labour from protesting as no court could have issued any order to stop any Nigerian from protesting.
Effiong said , “ I do not think any court in Nigeria can give an injunction against people from protesting. That will be an affront to the constitution . If by Monday the police or the State Security Services say they are acting in furtherance to the order of the court to stop members of the labour movement from coming out to get their members to protest the hike in pump price and electricity tariff , it will be a flagrant attack on the constitution.
“ There is no institution in Nigeria that can stop Nigerians from exercising their rights that have been granted them by the constitution . ”
The lawyer also contended that the labour unions were justified to go ahead with the strike if they had not been served with the court order stopping the industrial action.
He , however , advised that if the labour leaders had been served with the court order , they should first take steps to have the order vacated.
Effiong , who expressed reservations about the court orders stopping the strike , noted that such orders had not always been effective in stopping similar industrial actions in the past. He advised that “ the judiciary should be sensitive to these issues , so that it does not put itself in a position where it would become a subject of public ridicule” .
Also , human rights activist and lawyer , Mr Jiti Ogunye , said inasmuch as court orders were bound to be obeyed, he wondered how the police would force workers who stay away from work to go to work .
Ogunye said , “ As a lawyer , I have always questioned the appropriateness of dashing to court to obtain an ex parte order of interim injunction and use it as a tool of mischief or a tool to truncate a noble and just process .
“ Our courts are courts of law ; their decisions must be respected; their orders must be obeyed.
However , our courts cannot behave like an ostrich and court disobedience of their own orders by granting orders like this in an obviously political situation like this .
“ Workers are saying they want to go on strike and they are restraining them and those orders are expected to be obeyed. I am not saying as a lawyer that those orders should not be obeyed, but it will be interesting to see how the police will enforce the order . Will they go into the houses of people who do not want to go to work and compel them to go to work ?”
IPMAN urges members to dissociate from strike
Alhaji Suleiman Yakubu, National Public Relations Officer, Independent Petroleum Marketers Association of Nigeria (IPMAN), has urged their members to dissociate themselves from the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) strike.
Yakubu said this during an interview. on Sunday in Abuja while reacting to the planned strike by the organised labour slated for Monday.
“ IPMAN will not be part of the strike the NLC is calling, since our Association is not part of NLC.
“ Therefore, we have already directed our members to continue doing there normal business while NLC and TUC are doing there strike.” he said.
Yakubu also advised Nigerians to cooperate with the government in ensuring that the economy grows better and stronger.
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