No going back on August 2 nationwide protest — Labour insists
…Issues advisory to Nigerians in preparation
…No court order stopping us from embarking on peaceful protest — NLC tells FG
…NECA predicts increase in unemployment, poverty if strike proceeds
…Economist backs FG on distribution of cash palliatives
The Organised Labour has insisted that there is no going back on the planned nationwide strike happening on the 2nd of August, 2023.
The Organised Labour had last week Wednesday issued a strike notice giving the federal government a 7-day ultimatum to address what it described as anti-people policies or face industrial action.
The Federal Government, since the organised labour comprising the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) declared strike action, had begun last week to make attempt to talk labour out of the plans.
However, the move by the Federal Government has not seen enough light as settlement with labour as of Sunday night has not been struck to stamp a setting aside of the plans for strike set to commence Wednesday.
It was gathered the Federal Government would be meeting today (Monday) with the organised labour to strike negotiations in attempt to stop the move.
The Federal Government had last week, following declaration of the NLC to embark on the nationwide strike, invited the organised labour for a talk.
However, as gathered, failure on the part of the government to show commitment to the meeting, informed labour declaring its resolute stand of ‘no going back’ to commence strike on Wednesday.
A meeting scheduled last week Friday suffered a breach in setting, as it was gathered the government side failed to honour the meeting it called labour into, a development that saw labour lampooning the Federal Government for unpreparedness.
Labour officials had lamented they were subjected to ill treatment which saw them being kept waiting for almost two hours at the gate for clearance into the venue with no intervention, a development that saw them walking out of the meeting, after they realised that the team representing the government failed to show up.
“We felt very disappointed because we did not expect this from the government,” a top labour official had said.
Angered by the posture of the government, the labour has insisted on no-going-back on the strike, citing the masses are deeply frustrated by harsh conditions which it said recent policies of the government have further worsened.
No court order stopping us from embarking on peaceful protest, NLC tells FG
In a letter from the Falana Chambers to the Permanent Secretary/Solicitor -General with the title, ‘Re-NLC in contempt of court,’ signed by Sam Ogala Esq,
the NLC has reminded the Federal Government through the Solicitor -General that there is a subsisting judgement that the right to demonstrate and to protest on matters of public concern are rights that are in the public interest which individuals must possess and exercise without impediment as long as no wrongful act is done.
The Nigeria Labour Congress (NLC) told the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice that there is no order be it interim, interlocutory or perpetual order from either the National Industrial Court, or any other court restraining Nigerian workers from participating in peaceful rallies convened by it.
The letter read in parts, “In your reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country you were reported to have accused the leaders of the Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.
“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court to the effect that
“The defendants/Respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the Motion on Notice dated 5th June 2023.”
“You will agree with us that the National Industrial Court or any other Court has not granted an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.
“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an Industrial action or strike of any nature, you ought not have threatened our client with contempt of court.
“It is pertinent to draw your attention to the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65 where the Court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgment of the Court, Justice Adekeye said as follows:
“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.
“If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society. Finally, freedom of speech and freedom of assembly are part of democratic rights of every citizen of the republic; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.
“Having advised the Nigeria Labour Congress and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020, which “where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to , the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security to provide security cover for the meeting, rally or the procession.”
NECA predicts increase in unemployment, poverty if strike proceeds
The Nigeria Employers’ Consultative Association (NECA) has however warned that any strike, or mass protest in the face of the hardship and suffering in the country would result in a n increase in unemployment and drag many down the poverty line.
In a statement by its Director-General, Wale-Smatt Oyerinde, NECA argued that any disruption of businesses in the form of a strike or mass protest would exacerbate the current unemployment rate and drag many further down the poverty line
NECA recalled that businesses in the formal and informal sectors lost over N5 trillion due to the crass vandalism by unscrupulous elements who hijacked the purposeful End-SARS protest in 2020.
“Any strike, the threat of mass action or civil disobedience that could potentially disrupt the economic activities of businesses, especially those in the formal and informal sectors (which could compromise sustainability and job creation), based on economic policies of the Government (which are non-employment related) will be counter-productive. While Organized Labour is at liberty to engage with Government on behalf of its members on issues of welfare as they relate to the impacts of any economic policy, sometimes deadlock may hold sway. When that happens, the consequential action by Organized Labour should not, in any way, hinder anyone from going about their businesses peacefully or cause anyone to be intimidated or harassed.
“We re-emphasise the importance of Social Dialogue, a potent instrument of the International Labour Organization, ILO, and a globally accepted mechanism for dispute resolution.
“While it should be noted that various ILO Conventions, Recommendations, International treaties and local legislations guarantee certain rights and privileges to Social Partners, a call for mass action or civil disobedience is certainly not one of them.
“We urge the Government to, as a matter of urgency; take immediate steps to ameliorate the economic trauma being faced by workers, Nigerians and Organized Businesses. It is no gainsaying that many businesses are shut-down and many others are on the verge of closing down, which will exacerbate the current unemployment rate and drag many further down the poverty line.
“We strongly request that a coordinated implementation of the various pro-growth and other palliative schemes should commence, without further delay, at the Federal level to complement the efforts of some State Governments and Organized businesses. The need for transparent communication and the building of National consensus at this difficult time cannot be over-emphasized.
“Recent events that portend serious danger for the survival of Sustainable Enterprises, Decent Work, National Development and our Industrial Relations System as a whole necessitated this urgent call. The parlous state of the economy and the recent mobilization for strike and civil action by the Nigeria Labour Congress, NLC, and Trade Union Congress of Nigeria, TUC, is not only worrisome but also calls for urgent action by Government and other stakeholders.
“Freedom of Association is a fundamental and structural characteristic of the International Labour Organisation, ILO. In fact, without Employers’ and Workers’ Organizations that are autonomous, representative and endowed with the necessary rights that guarantee the defence of the rights of their members, and the advancement of their common welfare, the principle of tripartism would be impaired and chances for greater social justice would be seriously prejudiced. However, the rights enjoyed by social partners are premised on the basic understanding and respect for the social and economic rights of others.
“The complex employment inter-relationship between successive Nigerian Governments, Organized Labour (NLC/TUC), and the Nigeria Employers Consultative Association, NECA, has been challenging, especially between Government and Organized Labour. The goal of the interrelations to facilitate sustainable enterprise, decent work, and economic growth and assist all parties to achieve their objectives, is menaced by incessant conflicts and numerous threats of strikes. While Industrial conflict is inherently built into these inter-relationships, there are credible Institutions, Legislations, Regulations and Guidelines in place to arrest it and to ensure sanity within the context of the Labour and employment ecosystem.
“In view of the recent call by the NLC for strike and mass action, and the urgent need to protect the objectives of Sustainable Enterprise, Decent Work and National development, it is our candid view that social partners must respect the established institutions created to adjudicate and arbitrate labour matters in the country. These Institutions include but are not limited to the National Industrial Court, NIC; the Industrial Arbitration Panel, IAP, etc. Neglecting these Institutions could potentially compromise our labour and industrial relations system and framework, with grave consequences for the economy.
“It is important for social partners to deference their jurisdictional and operational limits. A call for “strike and mass action” by any social partner at this difficult time, in furtherance of the achievement of its objectives could potentially cause a breakdown of law and order with attendant risk for Organized businesses and the nation as a whole,” NECA said.
Economist backs FG on distribution of cash palliatives
Prof Ayo Teriba, CEO, Economic Associates has backed the Federal government on its now suspended plan to distribute cash to mitigate the effects of the removal of fuel subsidy.
According to him, “The palliatives being contemplated should be given in cash to cushion the adverse impacts of subsidy removal to mitigate the impact of petroleum subsidy removal. It reduces the income of the generality of the people. However, whether it should give everybody the same sum is debatable because you are dealing with workers and people, who are on different salary scales and incomes. But I am in support of the principle that it should be limited to cash and that it should not be more than 6 months.”
“The conversation about many of the other items that Labour was clamouring for is something that the government would still get to like the minimum wage, which is a periodic issue and the transportation, energy costs and others would be tackled at another or different levels.”
“However, I do not subscribe to giving these 12 million vulnerable people equal sum of N8, 000 makes sense. Some may be of low income, others middle income, so, it would not be right and fair to give them equal sum.
“That detail, government has to negotiate for the beneficiaries, because you are talking about the real value of income of the vulnerable people to the extent that they are not all on the same income level. They have to be relative to their loss to the incidence of the impact of subsidy removal. Government has to go into the details of the modality for giving the beneficiaries: how do you separate the middle income from the low income, because there’s no suggestion or data that all the 12 million people are low income.”
