Month: August 2022

  • How My Administration Resolved ASUU’s 4-month-old Strike in one night- Goodluck Jonathan

    Former President Goodluck Ebele Jonathan has spoken on how his administration resolved a four-month old strike by the Academic Staff Union of Universities (ASUU) in one night.

    The Bayelsa-born statesman stated this at the 70th birthday celebration of Matthew Hassan Kukah, the Catholic Bishop of Sokoto Diocese, organised by The Kukah Centre, in Abuja on Wednesday.

    According to him, “The society we are managing is complex, now we are talking about ASUU strike, during my time too, ASUU had four months of strike, different committees were meeting and meeting and nothing was working.

    “I said how can our children stay out of school for four months. So I had to call a meeting of all the leadership of ASUU.

    “I presided over the meeting with my vice president, the Attorney General was there, I said that that night we must solve the problem.

    “The Attorney General was there, Secretary to the Government of the Federation was there, the ministers of education were there, the labor ministers were there the finance ministers, everybody that has to do with it.

    “And I thought that my being there would help us to do things quickly. But we spent the whole night, before we finished on like 5:30am Before we concluded and the strike was called off, so there were issues,” Jonathan said.

  • Minister Reacts To ASUU’s Indefinite Strike

    Minister Reacts To ASUU’s Indefinite Strike

    The Federal Government yesterday reacted to the indefinite and total strike declared by the Academic Staff Union of Universities (ASUU) adding that, the union should reconsider its declaration.

    The government said it had invested in the education sector, especially the universities.

    Minister of State for Education, Goodluck Opiah, made a presentation to the Senate Committee on Tertiary Institutions and TETfund during an oversight visit to the Federal Ministry of Education.

    In a statement by his Special Adviser on Media/Public Affairs, Kelechi Mejuobi, Opiah said all demands of ASUU had been met.

    He said the Federal Government only came up with a standard principle of “no work, no pay” which he said was a universal policy.

    “The government has yielded to all the demands of ASUU. The only thing is that government doesn’t support anyone who doesn’t work but wants pay,” the minister of state said.

    Opiah, who stood in for Minister of Education, Mallam Adamu Adamu, believes more had been spent through TETFUND on university infrastructure than ASUU requested.

    He said the issues related to welfare had also been settled.

    The minister of state, however, did not provide specifics of ASUU’s demands he claimed the government met.

    Aside from seeking payment of the withheld salaries of its members, ASUU is demanding the provision of funds for the revitalisation of public universities; payment of Earned Academic Allowances (EAA)/Earned Allowances (EA) and payment of salary shortfalls.

    It is also demanding an end to the proliferation of state universities, renegotiation of a 2009 agreement; adoption of University Transparency and Accountability Solution (UTAS) as a payment platform for university teachers and payment of non-remitted check-off dues.

    There were varied reactions to ASUU’s decision to roll over the strike that began on February 14.

    Deputy National President, National Parent Teacher Association of Nigeria (NAPTAN), Chief Adeolu Ogunbanjo, urged parties to soften their hard stances for a compromise.

    He faulted ASUU for dictating its salary structure and payment platform to the government.

    He said: “You don’t dictate to your employer. The government is looking at the Integrated Payroll and Personnel Information System (IPPIS), and ASUU is insisting on the University Transparency and Accountability Solution (UTAS).

    “I don’t know where it is done anywhere in the world, you dictating to your employer.

    “Sadly, our children are now roaming the streets doing nothing, prostitution and yahoo business is on the rise.

    “Government should let us know if ASUU is over-demanding, based on the 80 per cent it said it has met. There should be compromises in negotiations.

    “It says it cannot meet all of their demands because of the present economic reality in the country.

    “The Finance Minister, Hajia Zainab Ahmed, says there would be no capital projects next year based on lack of funds. There should be a renegotiation between both parties.”

    Coordinator, National Association of Nigerian Students (NANS), Southwest Zone D, Stephen Tegbe, said students were tired of the situation.

    To him, the Federal Government and ASUU had failed them again.

    “Students have been at home for the past six months and nothing is happening from both parties.

    “They are not ready to shift ground or reach a compromise. They are our parents, sadly they failed us again,” he lamented.

    Adamu will meet with university pro-chancellors, chairmen of council as well as vice-chancellors on September 6.

    The meeting was brokered by the National Universities Commission (NUC).

    The NUC, in a letter by its Deputy Executive Secretary (Administration), Chris Maiyaki, noted that the meeting would help chart a way forward on the ongoing strike by the university lecturers.

  • Real Reasons FG Can’t Implement ‘No-Work, No-Pay Policy’ Against ASUU Members – Osodeke (Video)

    Real Reasons FG Can’t Implement ‘No-Work, No-Pay Policy’ Against ASUU Members – Osodeke (Video)

    As the back and forth between the Academic Staff Union of Universities, ASUU, and its employer, the federal government continues to linger, the president of the union, Professor Victor Osodeke has stated the reasons why FG can’t implement ‘No-Work, No-Pay’ policy against its members.

    Osodeke stated this during a television show, politics today on Channels TV yesterday, Tuesday night.

    He claimed that, the government purposely delayed the issues raised by the union since February when the roll-over strike was declared on February 14th to have its aways against the union’s industrial action which is now over six months.

    He further stated that, an average university spends 17 weeks for a semester, invariably a session will be 34-week adding that the remaining weeks in a year should be spent on vacation and researching including community services as contained in their letter of employment.

    He added that, the weeks left in the year meant for other statutory activities won’t be used as a result of the time wasted by the student, that the members of the union won’t have other options than to forfeit the time meant for other activities to make up the precious time wasted in the course of the disagreement between the two parties.

    Watch the full video below

  • Two KWASU Students Found Dead in Hostel

    Two suspected lovers who were students of the Kwara State University, KWASU, located in Malete area of Kwara State have been found dead in their hostel.

    Report had it on Monday night that the late students identify as Tobiloba Daniel and Arewa Abayomi were found to be naked and stone dead when their bodies were discovered by fellow students in a private hostel in the sleepy community on Saturday.

    The deceased were reported to be in their second year in the university and were among the students writing the ongoing examinations before the incident happened.

    One of the students who spoke on condition of anonymity, said, “We suspect they are lovers and we became concerned when they were not seen during the ongoing examination in the university and also in their class for three days.

    “It was when some of their friends got to their hostel outside the school that they found them dead and naked. But it’s suspected to be a case of poisoning,” he added.

    The Director, University Relations, Dr Saeedat Aliyu, said there was not yet official communication on the matter.

    Aliyu, who confirmed the incident said that the university security was yet to give official detail on the sad incident.

    “As of now (Tuesday morning), we have no official detail on the incident. We don’t even know their names but I heard about the incident. The security have not released any information on the victims but I believe that they are still working on it,” she said.

    The Public Relations Officer of the Kwara State Police Command, Ajayi Okasanmi (SP), confirmed the incident to Punch correspondent.

    He said, “the information was that the two of them were found dead inside their room and the police were alerted.

    “Our officers pulled down the door and they were taken to the University of Ilorin Teaching Hospital for autopsy. But investigation on the matter is ongoing,” he added.

  • FG To Reopen Varsities Despite ASUU Strike

    FG To Reopen Varsities Despite ASUU Strike

    Vanguard News

    There are indications that despite the insistence of the Academic Staff Union of Universities, ASUU, to continue its lingering strike, the Federal Government is set to reopen its shut universities.

    C

    According to sources in the Federal Ministry of Education, the academic staff are not the only set of workers in the university system and since non-academic staff are ready to go back to work, the universities should no longer be shut.

    “Moreover, there are some lecturers who are also ready to work, suck people should not be shut out. Only few days ago, a group addressed the press in Abuja, saying they are not part of the ASUU trouble. Their group is also working to be registered too.

    “Non-teaching staff have also called off their strike and the university environment is not only for or about academic staff. Why should those who are ready to work be denied the opportunity to work? He asked.

    This is just as a meeting of Pro-Chancellors and Vice-Chancellors of federal universities have been slated for next Tuesday at the National Universities Commission, NUC, Complex, Abuja.

    They are to meet with the Minister of Education, Malam Adamu Adamu.

    The letter inviting them marked NUC/ES/138/VOL. 64/125 was signed by the Deputy Executive Secretary, Administration, Chris Maiyaki, on behalf of the Executive Secretary.

    The letter was titled “Industrial actions by university-based unions: Invitation to a special interactive meeting with the Honourable Minister of Education. “

    It read in part,” As the pro-chancellors and the chairmen of councils and the vice-chancellors are quite aware, the industrial action by university-based unions has led to the closure of the institutions since February 14, 2022. You are also aware that the non-teaching unions have suspended their industrial actions with effect from 24th August, 2022, while a final decision is being awaited from the Academic Staff Union of Universities, ASUU.

    “It has become necessary for the Governing Councils and the managements of the universities to be briefed on the decisions and actions taken by the Federal Government so far, to allow for a well-coordinated review of the situation, including building consensus around succeeding actions.”

    It was gathered that at the meeting, the government would order the schools to be reopened and allow workers ready to work come back to their duty posts.

    Recall that ASUU on Monday insisted on continuing its strike after holding a National Executive Council meeting in Abuja.

    A group of lecturers, under the aegis of the Congress of University Academics, CONUA, led by Dr Niyi Sunmonu, have dissociated themselves from the strike and said they are willing to resume work.

    This is as the managements of some state universities are also taking steps to ensure the reopening of the institutions

  • Lagos Court Orders Remand of Two Corps Members, Undergraduate, One Other Over Assault on Police Officers

    Two members of the National Youth Service Corps, NYSC, one undergraduate, and one other have been remanded at the Kirikiri Maximum Correctional facility in Apapa, Lagos over alleged assault of police officer.

    They four suspects are; Ehis Tito Odigie, a 33-year-old music producer, and Miracle Onukuoforobi, 27, an Igbinedion University student.

    Others include 26-year-old Oyedeji Motunrayo and 31-year-old Bolade Richard, both corps members.

    The accused were arraigned on Tuesday at the Magistrate Court, Ogba; the case adjourned till October 10, 2022.

    The police took them to court for “serious assault” on officers, said spokesman SP Benjamin Hundeyin.

    In the recorded incident, the civilians engaged a team of operatives in fisticuffs.

    One of the defendants is seen pushing off a policeman’s cap; he later seized it after picking it from the ground.

    The Lagos Command confirmed that both parties had video recordings which were reviewed.

    “The police officers too are undergoing questioning. Investigation is ongoing.

    “One thing remains sure: everyone, police inclusive, found culpable will face the law,” Hundeyin added.

  • No More Negotiation with FG – ASUU

    No More Negotiation with FG – ASUU

    Daily Trust

    There are strong indications that members of the Academic Staff Union of Universities (ASUU) may have declared an indefinite strike following the federal government’s failure to meet their demands.

    It was learnt that the lecturers made the resolution during their National Executive Council meeting, which began at about 12:15am on Monday and lasted for hours at their National Secretariat at the University of Abuja.

    The communiqué of the meeting, which will give details of the decisions taken had not been released yet, but credible sources said the majority of the ASUU chapters across universities keyed into the decision to go on indefinite strike.

    It was also learnt that beyond the indefinite strike, some lecturers had advised that the union should boycott further talks with the federal government until when another government is formed after the exit of President Muhammadu Buhari on May 29, 2023. ASUU had declared the commencement of a strike on Monday, February 14, 2022, and has been lingering for over six months.

    When our correspondent visited UniAbuja, on Sunday, an ASUU member said the meeting was not for coverage by the media.

    However, a member of the National Executive Committee (NEC) of the union, who spoke to Daily Trust in confidence because he was not authorised to speak, said with the declaration of indefinite strike, “There would be no more negotiations with the federal government.”

    When asked to explain what he meant by that, the NEC member declined further comments.

    He had earlier told our correspondent that there was a shouting match among ASUU members at the beginning of the meeting over some issues, including a comment credited to the ASUU President, Prof. Emmanuel Osodeke when he appeared on Arise Television where he reportedly called state universities “quacks”.

    The official explained, ‘’Some people faulted him for saying that, while others backed him. The two camps shouted at each other but we later resolved everything. Let me tell you, no more negotiations until when our demands are met.”

    Some members want negotiation stopped until Buhari leaves office’

    A source close to the ASUU leadership at the Ahmadu Bello University (ABU), Zaria said that even though there was no resolution yet at the top level, some members of the union were of the opinion to stop negotiation with the federal government until when President Muhammadu Buhari leaves office in May 2023.

    “I can assure you that this view is gathering momentum in many universities,” the lecturer said.

    “Many lecturers believe that there is no need to keep dissipating energy talking to government officials because they are not ready to listen.

    “I know that many lecturers here in ABU and others at BUK, Federal University, Dutse and in the South are of the opinion that ASUU should also foreclose talking to the government until after this government leaves.

    “It is not that we don’t have empathy. We are all affected. I am also affected because I have children in the public university and they have been at home for over six months. I have also not been receiving my salary but the fact is that the government should do the right thing to save the universities from collapsing,” he said.

    Another NEC member also said that ASUU members would ensure they mobilise against current public office holders during the 2023 general elections.

    When contacted, the ASUU president told our correspondent yesterday that an official statement would be issued after the meeting but the statement had not been issued as at the time of filing this report.

    It would be recalled that after one month following the February 14 strike, ASUU extended the strike by two months on March 15. When the 8 weeks rollover strike ended, the union added another 3 months.

    ASUU President, Prof. Osodeke had explained that the action to roll over the strike became inevitable, given that the federal government’s “Failure to satisfactorily address all the issues raised in the 2020 FGN/ASUU Memorandum of Action (MoA).”

    Mix reactions trail extension

    Parents and lecturers have expressed mixed reactions over the declaration of the indefinite strike by ASUU.

    Hamisu Mohammed Musa, a lecturer in the French Department, ABU Zaria said the decision was apt and “In line with the feeling of the majority.”

    According to him, “As far as this strike is concerned, we are not giving up despite all threats and intimidation.

    “Government thinks it can threaten us with poverty by not paying us our salary, but do not know that the more they frustrated us that way, the more courageous we become.”

    In her reaction, a unionist, Prof. Binta Abdulkarim also supported ASUU’s stance to continue with the strike.

    She said, “The bone of the struggle is to liberate Nigerian universities for the benefit of the entire society and it is a legitimate course; therefore ASUU members will continue to resist all intimidation by the government.”

    Mallam Isa Abdullahi, a parent and civil servant expressed displeasure on the recent extension of the strike, saying that the action was a move toward crippling the already stagnating education in the country.

    “I blame both the government and ASUU for deliberately refusing to reach a truce,” he said.

    In Kano, Yaqub Adamu said as a father, “I find it really saddening seeing my children at home while they are supposed to be in school.”

    Dr Yusuf I. Garba of the Department of Environmental Sciences, BUK said that the position of the union was right.

    “It is for the government to implement the agreement it has entered with the academics. This is 13 consecutive years of promises from the government. There should be concrete reasons for calling off the strike,” he said.

    Speaking on the issue, a parent in Kwara State, Mr Abdulraheem Audu said it will be difficult to quantify the catastrophe this situation will cause Nigeria in the future.

    “Already, there is a correlation of the strike with the high rate of crime in the country,” he said.

    ASUU is heartless – NANS

    The President of the National Association of Nigerian Students (NANs), Asefon Sunday, said the extension of the strike by ASUU because of their six months salary showed that they are wicked and heartless because 85 per cent of their demands have been acceded to.

    He said: “We met with the executive secretary of the NUC and the minister of labour who told us that 85 per cent of their demands have been met and all efforts to meet with the ASUU leadership have been turned down by them.”

    Sunday in a telephone interview with Daily Trust said: “I have messages I sent to him and he is not ready to meet with us. I remembered when I went to meet my vice chancellor to tell him we want to meet with the leadership of ASUU and he called him and spoke to him but nothing happened.”

    “People will be thinking that what ASUU is asking for is for proper funding of education, yes, revitalisation is part of what they are demanding for, but 85 per cent of the demands are for the welfare of the members of ASUU,” he said.

    It’s not ASUU’s responsibility to fight for infrastructure

    The Spokesperson of Federal Ministry of Education, Bem Ben Goong, said it is not the responsibility of ASUU or any trade union to fight for infrastructural development.

    He said the primary responsibility of ASUU or any other trade union is the welfare of its members but 95 per cent of what is contained in the 2009 agreement is about infrastructural development.

    He condemned the claim that it is because of ASUU strikes that the universities are being developed.

    “It is wrong for anyone to think the only way to grow a university is by going on strike that is retrogressive. You don’t need strike for government to invest in universities and it is not the responsibility of ASUU to pitch for infrastructural development,” he said.

    Reacting to ASUU insistence of paying their salaries before they call off the strike, he said government cannot pay them for work they have not done. “Paying that money will be a huge fraud,” he said.

    ‘Lecturers resigning in droves at UNILAG’

    The Chairman of ASUU, University of Lagos, Dr Dele Ashiru in a recent interview on a TV show said that more than 70 per cent of the brightest brains in academia had resigned their appointment, saying UNILAG is badly hit.

    He said many young lecturers who were retained after undergoing mentorship in the university had all resigned.

    He said, “The impact of the government’s insensitivity and deployment of the weapon of hunger might not be immediately known until after the strike.

    “Those that are left are on the verge of leaving. No government in the history of Nigeria has been so insensitive, brash and disrespectful of the best brains in the country. This is unfortunate and a shame.”

    A staff of the University of Lagos who spoke with our correspondent on the condition of anonymity also confirmed the development, saying most departments are losing lecturers every day because of the strike.

    ‘ASUU’s decisions not binding on state varsities’

    State universities cannot be coerced by ASUU to implement an agreement reached between the federal government and lecturers in federal universities, the committee of pro-chancellors of state universities said on Monday.

    The pro-chancellors also made a case for the democratisation of memberships of unions in universities.

    In a statement by their Secretary, Marcus Awobifa, the pro – chancellors called for devolution of powers on the issues of labour, wages and salaries with freedom of the employers to negotiate with their employees, as it is practised in other parts of the world, where Nigeria borrowed the university system.

    They took exception to the comments made by the President of ASUU, Prof Emmanuel Osodeke who allegedly called some state universities who have pulled out of the ongoing strike, quacks.

  • Analysis: CONUA’s REQUEST FOR REGISTRATION AS AN ACADEMIC UNION AND THE STANDPOINT OF THE TRADE UNION ACT.1973 By Olatunde Olayinka Damilola


    PREAMBLE
    Amidst the consistent tussle between the Academic Staff Union of Universities and the Federal Government over the years, especially with the widespread criticism of the former’s approach in furthering its grievances during trade dispute, the Congress of University Academics, CONUA is offering itself up as a messiah, and a worthy competitor in place of the former.

    CONUA

    On August 22, 2022, a statement credited to Dr. Niyi Sunmonu, the National coordinator of the body, published on Vanguard news page, advocated the need for competition in Academic Unionism, indicating that the presence of competition with the Academic Staff Union of Universities (ASUU) would reduce the incessant strike actions in the University academic system. He further argued that the monopoly of decision making enjoyed by ASUU in trade dispute negotiations would also be reduced drastically. The sweetener in the new body’s proposal is the mouth watering promises to students and the academic populace never to go on strike as much as the Academic Staff Union of Universities-ASUU. For every student this is a no brainer! A possible end to the stop-start academic woes!.


    In the midst of this ensuing rivalry, the Minister of State for Labour, Mr. Festus Keyamo, SAN, has also endorsed the Congress of University Academics, CONUA, asserting that the body had met all the requirements of a trade union and due for registration. Nevertheless, as of the time of writing this work, CONUA remains an unregistered competitor, and a prospect to fancy in the nearest future.

    Whether CONUA stand the chance of being registered or not, also remains something to consider in the light of the Trade Union Act which is the sui generis statute in this instance.


    Pending the registration of CONUA, this work therefore looks to discuss the prospect of CONUA’s registration as an Academic Union vis-a-vis a trade union, respect to the provisions of the Trade Union Act 1973, CAP. T14, Laws of Federation of Nigeria, 2004. Discussions on the de-registeration of ASUU by the Federal Government in the current trade dispute will also be anchored in the latter part of this write up.


    TRADE UNION ACT 1973 AND THE REGISTRATION OF CONUA
    The Trade Union Act 1973 is the sui generis statute in relations to the administration of Trade Unions within the Federal Republic of Nigeria. Its provisions are salient to the discourse in this work as they lay down principles and procedures governing both the registration of a trade union as well as the dissolution of a trade Union. In determining the eligibility of CONUA as a trade Union in Nigeria, it is sacrosanct that all the criteria in this Act are complied with in details. In fact, a union which fails to meet up with these criteria but gets registered in default, will have such registration cancelled once such defect is established by the Registrar of Trade Unions in S.7(1)(c) Trade Union Act 1973. More importantly, a body not registered as a trade Union, but nevertheless, operates as such would be guilty of an offence against the Act as provided by S. 2(3)(b).


    To start with, in examining the provision of the Trade Union Act on Trade Union registration, a Trade Union is defined for short, in s.1(1) of the Act, as “any combination of workers or employers, whether temporary or permanent, the purpose of which is to regulate the terms and condition of the employment”. Aside for the purpose of regulating employment conditions, a body of employee or employers formed for the purpose of restraint of trade, or without definite benefit or entitlements to its members will still suffice as a Trade Union within the provision of this act, and can not for such reasons alone be deemed unlawful.


    Furthermore, employers and employees in both private and public workplaces can form or be a member of a trade union. Just as there are employee’s trade Union, the Trade Union Act also recognizes the existence of an employers’ trade Union.

    Nevertheless, it is important to note that the right to be a member of a trade Union are alienable. They are are not hard, fast or absolute. Notwithstanding the provisions of the Constitution of the Federal Republic of Nigeria 1999 (amended 2011) on Freedom of Association, S. 40, this right can be waived by contractual agreement in an employment contract or by the operation of law. In relation to contractual restriction, workers in a particular firm may by contractual agreement, be restrained from forming, or becoming a member of a Trade Union for the duration of such employment. More also, the specific provisions of Section 11, Trade Union Act 1973, prohibits members of the Nigerian Armed Forces, Nigerian Police force, Custom service, Immigration, Prison Service, Nigeria Security Printing and Minting Company, the Central Bank of Nigeria, the Nigerian Telecommunication Limited, members of any Federal or State parastatals bearing arms, and other bodies as deemed fit from time to time by the Minister of Labour, by operation of law, from joining in the formation of a trade Union. Nevertheless, members of these bodies are permitted to form Joint Consultative Committees in subsection 2 of the afore cited provision to represent their interest.


    In the registration of a Trade Union, the first procedure provided for by the Trade Union Act is an application to the Registrar of Trade Unions in S.3 of the Act. The application in this instance, must be filed via the prescribed means in the Act, and must be supported by at least fifty (50) members for worker’s trade Union, and at least two (2) members for an employer Trade Union. Also, such application must be accompanied by the proposed name of the union, two copies of the Union rules, Office address of the Union, as well as the personal information of all members who signed the application. For the application to be correctly filed, it is important that members of the union, whose name are on the assent list, are not less than the age of 16 which is the allowable age for a trade union membership as in section 20 of the Act, or an ex-convict yet to elapse the five years probation period as in Section 13 of the Act.


    After the application of a trade Union has been successfully filed, and received by the Registrar of the Trade Union, the Registrar shall proceed to publish a notice of such application in the Federal Gazette. On publication of such notice, a period of objection from members of the public concerning the registration of the proposed trade Union, shall be opened for a duration of three months, including the date in which the Gazette was published. During this period of objection, if it is brought to the attention of the Minister, or the Registrar, that another Trade Union is in existence, and sufficiently represents the interest of the class of people seeking the formation of the proposed trade Union, such that there is no need for a duplicity of Union for such class of persons, it will serve as a valid ground to deny the registration of the proposed trade Union. This is backed by S.5(4) of the Act, which expressly provides that “The Registrar shall not register a trade Union, if it appears to him, that any existing trade Union, is sufficiently representative of the interest of the class of persons whose interest the union (proposed union) intend to represents”. Similarly, S.3(2) of the Act also provides that, “…no trade Union shall be registered to represent workers or employers in a place where there already exist a trade Union”.


    In the situation under review, CONUA is an employee’s trade Union, intended to represent the interest of Academic Staffs in the Nigerian Universities. ASUU, the other end of the coin, and the registered Trade Union in this instance, also represents the interest of Academic Staff of Universities as a trade Union in Nigerian Universities. Following the provision of the law espoused in the previous paragraph therefore, CONUA is a trade union seeking registration to represent the interest of a class of persons already represented by ASUU, and regardless of their glittering intentions, can not be registered as a Trade Union in coexistence with the latter. It is pertinent to note that, the provisions of the Trade Union Act on this subject is non-negotiable. It is absolute, and can not be varied. In the case of ACHINEKU V ISHAGBA 1988 4 NWLR Pt. 89 411, the court held that where the word “Shall” is used in a legislation, it is a word of command, which must be given a compulsory meaning. Therefore, the writer submits that not even the assertion or media comment credited to the Learned silk, and the Minister of State for Labour can waive this condition. If CONUA is to be registered successfully, ASUU must either be de-registered or merged with CONUA. Also, provided the former option is been explored by the Federal Government to successfully register CONUA, the Trade Dispute Act must also be followed.


    TRADE UNION ACT 1973 AND THE DE-REGISTRATION OF ASUU
    The existence and continuity of a trade Union is not without limitations. A Trade Union may be de-registered by the Registrar, if it appears to him as provided in S.7 of the Act, that such Trade Union’s registration ab initio was induced by fraud, that such union furthers unlawful objectives, that such union has contravened any provision of the Act, that without prejudice to s.1 of the Act, such Union does not regulate terms and conditions of employment, or that such Union has ceased to function or exist.


    Where the Registrar proposes to cancel the registration of a Trade Union, he shall send a notice to the office of such Union, stating the reasons, or grounds for such cancellation. Thereafter, he shall specify a date not less than two months after the date of notice, as a grace period for the Union to satisfy him otherwise on such cancellation. Where the grounds for the cancellation of the Union still exist without any change after the grace period, the Registrar may proceed to cancel the registration of the Union within thirty (30) days after the expiration of the grace period. The thirty days period shall also be the limitation period for the filing of an appeal by the Trade Union at the National Industrial Court.


    In relation to the situation under review, the dissolution of ASUU, it is left to be seen if any of the union’s action in the recent tussle, makes its registration susceptible to cancellation under this Act. In an article published on NigeriaLawyer, dated August 28, 2022, the learned silk, and renowned human right advocate, Femi Falana SAN, rightly condemned and criticized the notion of banning ASUU for the prolonged industrial action, citing the fundamental human right of individuals who constitute the Union in Chapter IV of the CFRN 1999 as sacred. However, this writer believes the contravention of S.18(1)(a) of the Trade Dispute Act 1976 in the furtherance of the Union’s industrial action, could bring it in cross-default of S.31(6)(d) of the Trade Union Act, 1973 and by implication s.7(c) Trade Union Act 1973 which is a valid ground for the cancellation of a Trade union. Nevertheless, this line of argument could be one to flourish in a moot court, since the implication asserted is seemingly still out of court, or could be an intellectual argument to look forward to if the cancellation of ASUU becomes a subject of litigation at the National Industrial Court.


    In summation, the writer submits that if the cancellation of ASUU is to be considered by the Federal Government, strict adherence must be given to the guidelines in the Trade Union Act 1973, since the fundamental human right of the individuals are also in question. In the words of Ayo Irikefe CJN, Olaniyan v University of Lagos (1986) 4 NWLR (Pt 34) 162 at 173. (as he then was), “…constitutionally entrenched provisions, particularly those safeguarding individual rights should not, save in a fascist system, be lightly trampled upon.”


    CONCLUSION
    Considering the provisions of the Trade Union Act 1973, especially its guidelines on the registration of a Trade Union in Nigeria, espoused in the preceding part of this work, the writer on the point of law submits that, CONUA can not be registered as a trade Union in Nigeria at the moment. ASUU by law have covered the field on the object of Unionism for Academic staff in Universities which can not be varied by CONUA. Therefore, the writer recommends, provided CONUA is reluctant on being registered as a Trade Union, that they merge with ASUU, or await the cancellation of ASUU’s registration in accordance with the Trade Union Act, 1973. In the meantime, students might have to endure whatever menace attached with ASUU, while hoping CONUA get the chance to be the saviour it portrays itself to be someday.

    About the Writer:

    Olatunde Olayinka Damilola is a student of Law at Adekunle Ajasin University and a researcher/content writer at SAN RESEARCH INSTITUTE. E-mail: Teeclaziq@gmail.com Phone number: +2349060557789 (WhatsApp number)

  • Presidency Race: I Know Who Can Rescue Nigeria – Governor Wike

    Presidency Race: I Know Who Can Rescue Nigeria – Governor Wike

    Rivers State governor, Nyesom Wike on Monday hinted on naming his choice of presidential candidate in the forthcoming election as he keeps politically conscious citizens guessing.

    Wike during flag-off of project to deliver internal roads for Eneka town, Obio/Akpor Local Government Area, Rivers State said he knows contenders who mean well for the country and would sensitise the electorate to vote them at the appropriate time.

    He stated, “Some other people are busy, putting selves together on how they will take over leadership in Nigeria to loot the remaining ones this other people have already kept. I’m privileged to know and at the appropriate time I’ll tell you who these people are.”

    Apparently referring to Peoples Democratic Party (PDP) and its presidential candidates’ slogan of aiming to ‘rescue Nigeria’, the Rivers governor said, “Forget about all these people running around saying they want to rescue or save you (Nigeria). Just watch to see what is going to happen next.

    “All of us should be calm concerning what is happening in PDP. In fact, nothing has happened yet. But by the grace of God, something will happen.”

    Feeling unfazed by perceived negative media campaigns against his administration, Wike said, “Look at us concentrating in giving our people good governance. What is good governance? Good governance is making the people to be happy.

    “Good governance is providing infrastructure for the people. Good governance is not about party. Providing good governance is about leadership. We are here everyday flagging off projects, commissioning projects even though our tenure is coming to an end.

    “Now that I have come to Eneka to provide this basic infrastructure, I can come back to Eneka and ask you to follow me, let us go there or let us stay here. Do they have what it takes to come and talk to you? Can they come and talk to you?

    “It is somebody that hears from you that you have also hear from. This one you’ve not provided anything for my people, you’ve not asked them what they want, then you want to tell them where to vote.

    “So, it is us that will come and meet you and say see where you’ll vote. And I know based on our relationship, since we have not deceived you, we have not told you lies, you will follow us at the appropriate time.”

    The governor on the occasion renamed Igwurata-Eneka Road as Sam Mbata Road, promising that the State government would accord due recognition to the paramount ruler of Eneka before end of his tenure in 2023.

    The cCommissioner for Works in the PDP controlled state, Dr. Dakorinama George-Kelly explained that the Eneka Internal Roads measure 5.3km long, 9km length of drains on both sides and will be completed in five months.

  • Strike: Ngige Writes Education Minister on State of ASUU/FG Negotiation Status

    Strike: Ngige Writes Education Minister on State of ASUU/FG Negotiation Status

    Vanguard News

    AS the Academic Staff Union of Universities, ASUU extends its ongoing strike, indications emerged on Monday that the Minister of Labour and Employment, Senator Chris Ngige has written to the Minister of Education, Mallam Adamu Adamu to get the situation report on the negotiation between the leadership of the university lecturers and the ministry.

    ASUU had in the early hours of Monday resolved to extend the strike despite the alleged government offer to the union.

    Nigeria’s public universities have been on strike since February 14 ASUU declared one month warning strike over unresolved issues with the federal government.

    A month after the lecturers withdrew their services, the non-teaching staff also commenced their own strike over some demands they claimed the government was unable to attend to.

    The three non-teaching staff unions in the university that downed tools are the Senior Staff Union of Universities, SSANU, the Non-Academic Staff Union of Education and Associated Institutions, NASU and the National Association of Academic Technologists, NAAT.

    While the three non-teaching staff unions have suspended their own strike after the government made some offers to them, ASUU has extended its own strike.

    Some of the contentious issues that led to the strike by the unions include the non-release of revitalization fund, non-payment of earned allowance (or earned academic allowance), renegotiation of the 2009 Agreement, release of white paper for visitation panel, non-payment of minimum wage arrears and the inconsistency occasioned by the use of the Integrated Payroll and Personnel Information System, IPPIS.

    There have been insinuations that the federal government may drag ASUU to the National Industrial Court for refusing to suspend the strike after some of their concerns have been addressed.

    An impeccable source in the Ministry of Labour and Employment did not confirm whether there was any such move to take ASUU to Industrial Court but the source said that the Minister of Labour, who is the Conciliator-in-Chief may meet with the Minister of Education to know the status of the ongoing renegotiation talks.

    According to the source, “We gathered that the Minister (Ngige) has written to the Minister of Education to know the status of the ongoing negotiation with ASUU. The union is also expected to inform the ministry.”

    Reminded that ASUU has extended the strike, the source said, “There must be a reason why they decided to extend the strike despite the government offer to them. But I don’t know whether they have given their reasons for the action to the Minister of Education, the union is supposed to write to the ministry to state why they are extending the strike. They are also supposed to copy the Minister of Labour.”

    Another source said that since the Minister of Education is the direct employer of the university teachers and the minister handling the negotiation matter, it is normal that he should write his counterpart from the Ministry of Labour on the situation report.

    “You know that the matter was sent to Mallam Adamu to renegotiate the 2009 agreement with ASUU, that is why the Professor Nimi Briggs Renegotiation Committee was set up. If there is any breakdown, the Minister of Education should write a report on status of the negotiation to the Minister of Labour. ASUU is also expected to send a report to the Labour Minister.”