The President of the Nigeria Labour Congress (NLC) Comrade Ayba Wabba has given reasons why the registration of some new unions with the academic and health sectors were unacceptable, saying the registration of the new unions was a misstep by the Minister of Labour and Employment, Dr. Chris Ngige.
In the peak of the controversy between the Federal Government and the Academic Staff Union of Universities which include litigations at the National Industrial Court and Appeal Court owing to the just concluded eight-month strike by ASUU, the FG registered the Congress of Nigerian University Academics (CONUA) and Nigeria Association of Medical and Dental Lecturers in Academics (NAMDA).
In a letter to the minister, which was copied 21st CENTURY CHRONICLE, Wabba noted that Ngige’s basis of law and practice on the new unions were not only “fatally flawed”, but “represents a twist of the clear provisions of the law to serve a premeditated purpose.”
The minister had written a letter to the NLC that provisions of Section 3(2) which expressly forbids the Minister of Labour from registering a trade union where a trade union exists does not apply to the regrouping of trade unions.
Wabba told the minister that “the full rendition of the provisions of Section 3(2) of the Trade Union Act shows that there is no differentiation whatsoever in the provisions of Section 3(2) of the Trade Union Act.
“No combination of workers or employers shall be registered as a trade union save with the approval of the Minister on his being satisfied that it is expedient to register the union either by regrouping existing trade unions, registering a new trade union or otherwise howsoever, but no trade union shall be registered to represent workers or employers in a place where there already exists a trade union.
“From the above citation, Honourable Minister, please where is the differentiation between regrouping an existing trade union and registering new trade unions which you talked about? We had to quote verbatim the provisions of the Trade Union Act as we did in our last letter to you on this matter to address your mind to the fact that you are being dangerously misled on a clear point of law.”
The NLC president further drew the attention of the minister that the section in reference which expressly forbids and restricts the Minister from registering unions in sectors where a trade union already exists is anchored on the word “register” which applies to both regrouping of existing trade unions or registering a new trade union, adding that T”he legal language used therein is “shall” which in ordinary legal parlance imposes strict observance and total compliance.”
Wabba further told Ngige that there was contradiction in his claim of regrouping as justification for awarding trade union certificates to CONUA and NAMDA which he said violates the provisions of Trade Union Act CAP T14 Laws of the Federation of Nigeria, 2004.”
The labour leader questioned the minister’s motive for registering CONUA and NAMDA – “is it re-grouping of trade unions or is it a response to the application made by CONUA and NAMDA since 2018 to be registered as trade unions?”
Wabba accused the ministers of single handedly midwifing the regrouping, noting that this was contrary to local and international practice, citing as example the restructuring of trade unions in 1978 based on the Abiodun Committee Report received significant inputs by the social partners.
He said the Abiodun committee was even under a military regime and asked the minister “How come, your re-grouping of trade unions in a civilian clime is unilateral and autocratic without the input of tripartite social partners?
“Overall, Minister, we still want to believe that you were not properly advised on this matter. As the Chief Labour Law Officer of the Federal Republic of Nigeria, we believe that you will take advantage of our presentation of the true position of the law to redress this grave injustice done to our labour jurisprudence by the “awarding” trade union certificates to CONUA and NAMDA,” Wabba said.
