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Six months strike: FG, ASUU adamant, disagree on peace proposals

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…As ASUU demands separate salary structure

…Tackles FG over ‘no-work-no-pay’ order

…To lose six months salary for strike period as FG insists ‘no pay’

By Moses Adeniyi

Controversies have clustered around the strike of University Unions as the Federal Government and the Academic Staff Union of Universities (ASUU) remained adamant over issues of contention.

Nigerian NewsDirect gathered that while other matters informing the lingering strike might have been resolved with agreement between the Federal Government and the aggrieved Unions, the issue of payment of the six months salaries of members of the Academic Staff Union of Universities (ASUU) withheld by the Federal Government for the striking period is a major contention which as at the time of filing this report was yet to be resolved.

The Federal Government, it was  gathered, stood the ground not to shift from its declared ‘no-work-no-pay’ order, stating it would not pay the lecturers for the six month period they have embarked on the strike, as a penalty for their actions.

…ASUU rejects salary structure

Meanwhile, ASUU, in turn on Thursday explained that its meeting with the Prof. Nimi Briggs-led committee last Tuesday, ended in deadlock because the committee presented “award of a Recommended Consolidated University Academic Salary Structure (CONUASS), prepared by the National Salaries, Incomes and Wages Commission” which was unsatisfactory to it.

ASUU in a press statement, made available to journalists on Thursday, by its President, Prof. Emmanuel Osodeke, argued the ‘award salary’ was “against the principle of collective bargaining, based on the Wages Boards and Industrial Council’s Decree No 1 of 1973, the Trade Dispute Act (1976), ILO Conventions 49 (1948), 91(1950), 154 (1988) and recommendation 153 (1981), Udoji Commission Report of 1974, and Cookey Commission Report of 1981.”

The report, ASUU noted, “also provided a platform for resolving such important issues as special salaries and conditions of service of university staff, university funding, roles of Pro-Chancellors, Vice-Chancellors, and National Universities Commission (NUC).

“A key outcome was a special salary scale for university staff known as University Salary Structure (USS).”

ASUU alleged that the Federal Government was insincere in its approach to resolving the lingering crisis in the university academic system, demanding that “The Federal Government, through the Ministry of Education, return to the New Draft Agreement of the 2009 FGN/ASUU Renegotiation Committee, whose work spanned a total of five and half years as a demonstration of good faith.”

The union further argued that the “award” presented by the Nimi Briggs-led Team appeared in a manner of “take-it-or-leave-it on a sheet of paper,” noting that “no serious country in the world treats their scholars this way.”

In the statement, tagged “Why ASUU Rejects Governments Award of Salary,” the union claimed that “Government imposed the ongoing strike action on ASUU and it has encouraged it to linger because of its provocative indifference.”

“The Munzali Jibril-led renegotiation committee submitted the first Draft Agreement in May 2021 but government’s official response did not come until about one year later!

“Again, the ‘Award’ presented by the Nimi Briggs-led Team came across in a manner of take-it-or-leave-it on a sheet of paper. No serious country in the world treat their scholars this way.

“Over the years, particularly since 1992, the Union has always argued for and negotiated a separate salary structure for academics for obvious reasons.

“ASUU does not accept any awarded salary as was the case in the administration of General Abdulsalam Abubakar.

“The separate salary structures in all FGN/ASUU Agreements were usually the outcome of collective bargaining processes. ‘Leaking economy.’

“The major reason given by the Federal Government for the miserly offer, paucity of revenue, is not tenable.

“This is because of several reasons chief of which is poor management of the economy. This has given rise to leakages in the revenue of governments at all levels.

“There is wasteful spending, misappropriation of fund and outright stealing of our collective patrimony.

“ASUU believes that if the leakages in the management of the country’s resources are stopped, there will be more than enough to meet the nation’s revenue and expenditure targets without borrowing and plunging the country into a debt crisis as is the case now,” it argued.

ASUU noted that “at the commencement of the renegotiation of the 2009 FGN/ASUU Agreement on 16th March 2017, both the Federal Government and ASUU Teams agreed to be guided by” some terms of reference, but the Federal Government reneged on its side to abide by the agreement.

It warned that, “Government’s surreptitious move to set aside the principle of collective bargaining, which is globally in practice, has the potential of damaging lecturers’ psyche and destroying commitment to the university system.

“This is, no doubt, injurious to Nigeria’s  aspiration to become an active player in the global knowledge industry,” ASUU argued.

…FG insists “no-work-no-pay”

Meanwhile, the Federal Government on Thursday insisted that it will not yield to the demand by ASUU for their members to be paid the six months salaries withheld over the ongoing strike, saying it is meant to be the penalty for their action.

The Minister of Education, Adamu Adamu, at the 47th session of the State House Ministerial Media Briefing organised by the Presidential Communications Team at the Aso Rock Villa, Abuja, said not paying the backlog will serve as deterrence for others who may contemplate strike in future.

He said that other three university based unions that are on strike have accepted to call off the strike in the next one week, except ASUU that has remained adamant insisting that its members should be paid the five months that their salary was stopped.

According to him, ASUU had begun consultations with their members to determine whether to call off their strike as well.

“All contentious issues between the government and ASUU had been settled except the quest for members’ salaries for the period of strike to be paid, a demand that Buhari has flatly rejected,” Adamu mentioned.

Adamu argued that ASUU went on strike despite the huge investment of trillions of naira that President Buhari regime and agencies such as TETFUND and UBEC in education, hence would have to bear the consequences, mentioning that the demand for payment for the strike period was not tenable as President Muhammadu Buhari has flatly rejected same.

According to him, the insistence by ASUU on being paid six months salaries for the strike period is the only issue of contest stalling the negotiations between the Federal Government and the union.

“If you think it is for the government other than what the government is doing in the university to stop strike, the standard government has taken now is not to pay the months in which no work was done.

“I think this is the only thing that is in the hands of government to ensure that there is penalty for some behaviour like this.

“So, I believe teachers will think twice before they join strike if they know that at the end they are not going to be paid and the federal government is not acting arbitrarily.

“Before, it was some magnanimity on its part, there is a law which says if there is no work, there will be no pay.

“I believe this will be a very strong element that will be determining from going on strike,” the Minister said.

Adamu also stated that all other unions including the Senior Staff Association of Nigerian Universities, (SANNU), Non-Academic Staff Union of Education and Associated Institutions, (NASU) and the National Association of Academic Technologists (NAAT) will resume work in the next one week.

The Minister further dismissed media report that President Muhammadu Buhari gave him two-week ultimatum to resolve the misunderstanding between ASUU and the Federal Government.

Adamu informed that the University Peculiar Personnel and Payroll System, U3PS, and the University Transparency Accountability Solution (UTAS) outscored the Integrated Personnel Payroll and Information System (IPPIS) during the integrity tests conducted by NITDA, affirming that ASUU’s peculiarities will be accommodated in whatever platform that may me adopted.

He further said that currently, the IPPIS has been made to accommodate the issue of sabbatical for lecturers, while  debunking the report that UTAS had not been approved by government as the payment platform for University teachers.

He said that the government has proposed a new salary to the unions which he said SSANU, NASU, and NAAT have accepted in principle.

He, however, commended the Academic Staff Union of Polytechnics for calling off its own strike.

…We have spent over N6trn on education in seven years – FG

Adamu further claimed that the Federal Government had spent over N6 trillion on revamping the country’s education sector in the last seven years.

According to him, the money was spent on the provision of infrastructure and Information Communication Technology equipment to public institutions of learning across the country.

“The implementation of the sector’s blueprint is on course. In the last seven years, we have undertaken massive physical development of infrastructure, ICT development at all levels of our educational system, established new institutions, improved the carrying capacity of our institutions and expanded access to quality education at all levels.

“Steps are also being taken to accelerate the implementation of the 2020 presidential approval for the revitalisation of the teaching profession.

“The government of President Buhari has expended a total of N6,300,947,848,237 on capital and recurrent expenditure in the education sector in the last seven years,” he said.

The minister pledged that the government would continue to improve on the implementation of its strategic plans as well as create the necessary environment for the overall development of the education sector in Nigeria. Adamu argued that each state of the federation could now boast of at least a federal university and polytechnic.

“This administration has ensured that all states of the federation now have a federal university and a federal polytechnic, with nine universities, nine polytechnics and six colleges of education established between 2018 and today.

“This administration is determined to ensure that they take off very well that is why provisions have been made for all of them,” he said.

Adamu highlighted that the basic and secondary level of education had also received attention in the current administration, with about N553 billion spent in the process.

“…take ASUU to court” for damages — FG tells students

Adamu argued it was duty bound on ASUU to compensate the affected students for the time wasted for the over six-month ASUU strike.

According to him, the Federal Government bears no liability to compensate the students for loss of time for the over six months period which the strike has lasted, stating that if the students are determined to get compensated, they should “take ASUU to court,” for damages incurred over the strike period.

Recall that ASUU had since February 14, 2022 embarked on an indefinite strike over unresolved differences with the government. The union had accused the government of failing to honour and implement the Memorandum of Understanding and Memorandum of Action signed between both parties in 2020 — an agreement that was reached to end a nine-month old strike by ASUU in 2020.

Other issues of contention include the government’s poor commitment to the payment of academic earned allowances and the continued use of the Integrated Personnel Payroll Information System (IPPIS). Also, include the grievances of the academic stakeholders over the refusal of the government to adopt the Universities Transparency and Accountability Solution, as its recommended substitution for  IPPIS, and the proliferation of universities in the country. Grievances by other stakeholders in the nation’s public university system had seen more unions including NAAT, SSANU and NASU, subsequently joining up in the strike.

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Account enrollment: Court validates CBN’s regulation, permits collection of customers’ social media handles

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…Dismisses concerns, says social media handles not protected by privacy rights

…Financial institutions cleared to collect social media handles for KYC

By Sodiq Adelakun

The Federal High Court in Lagos has ruled in favour of the Central Bank of Nigeria (CBN) in a case challenging the regulation that requires financial institutions to collect their customers’ social media handles as part of the Know-Your-Customer (KYC) procedure.

Recall that the Socio-Economic Rights and Accountability Project (SERAP) had urged the court to compel CBN to withdraw its directive to banks and other financial institutions.

However, in the ruling, Justice Nnamdi Dimgba struck out the suit filed by Lagos-based lawyer, Chris Eke, who argued that the regulation violates the right to privacy of bank customers.

Eke had sought a declaration that the regulation contained in Section 6(a) (iv) of the Central Bank of Nigeria (Customer Due Diligence) Regulations, 2023, is undemocratic, unconstitutional, null, and void, as it contradicts Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). However, Justice Dimgba ruled that the regulation does not breach the right to privacy of bank customers.

The CBN regulation is targeted to enhance customer due diligence and anti-money laundering measures, and requires banks to collect social media handles, among other personal information, from their customers.

The applicant had asked the court to grant an order of perpetual injunction, restraining CB from enforcing the regulation which requires financial institutions to request customers’ social media handles as part of normal bank customer due diligence requirements.

The CBN in its response to the suit, filed a notice of preliminary objection, challenging the competence of the suit. The apex bank also disagreed that the said regulation constitutes any interference with the private life of the applicant, as claimed.

The judgment came as Justice Dimgba dismissed a suit, stating that the notice of preliminary objection held merit and consequently struck out the case.

During the proceedings, Justice Dimgba emphasised that providing a social media handle is akin to furnishing email addresses, phone numbers, and other contact details for banking purposes.

He argued that such information aids in conducting due diligence to ascertain if an individual is suitable for conducting business with a bank.

Justice Dimgba further explained that the essence of having a social media account implies a willingness to engage in public communication, thus rendering privacy concerns unfounded.

According to him, “First, the Applicant claims that the requirements on the CBN Regulations for financial institutions to request and collect the social media handle of its customers as part of KYC infringes on his right to privacy.”

“This claim is very ambitious and amounts to a very far throw.  The said Regulations are directed to and apply to financial institutions. It does not apply to private individuals such as the Applicant.

“Even if, as appears to be argued, that the Regulations itself would inevitably affect the Applicant, this claim is speculative for the simple reason that in nowhere in the affidavit in support was it stated that the Applicant operates an account with a financial institution and that the said institution had demanded his social media handle.  So the suggestion that he would be affected by this Regulation, albeit negatively, is very speculative and at large.

“Secondly, there is also no deposition to the effect that any financial institution had begun to implement this Regulation and that its implementation had begun to create disruptions and inconvenience against the general population, in which case one could infer that the suit should be legitimated as a public interest litigation.

“Thirdly, assuming even that the banks had begun to implement these regulations, the applicant assuming he maintained any bank accounts or sought to open one, but is being hindered or irritated by the requirement of the Regulation to avail his social media handle as part of KYC, the Applicant still had a choice, which is to refuse to do business with any bank insisting on the information as part of its social media handle, but to seek other alternatives.

“Fourthly, and for all it is worth, I do not see how asking a banking or potential banking customer to provide his social media handle can ever amount to a breach of privacy.

“Granted that Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides inter alia: The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.

“My view is that the provision of a social media handle is of the same genre as the provision of email address, phone numbers and other means by which a potential customer of a bank can be contacted.

“Thus, it is clear from the face of the Regulations as set out above that email addresses, phone numbers and social media handles are all provided for under clause 6iv just to show that the aim was not to pry on anyone but rather to provide alternative ways by which a customer of the bank can be contacted, and or due diligence conducted on the person to determine if the person is a fit and proper person to extend banking services to.

“I do not see how this infringes on the right to privacy. I should even say that the essence of having a social media account was for one to be publicly visible communication-wise.  It, therefore, appears quite ironic, though wryly, that one can suggest that asking for information about a social media handle with which the individual exposes and immerses himself or herself in the public, can amount to a violation of privacy rights, which rights itself is all about isolation of one from public glare.

“It is also to my knowledge that even in filling some business applications,  personal information of this sort, is sometimes requested, and parties generally oblige. If it does not constitute a breach of privacy, why should it now?

“A social media handle is left at large for the world to see, being in the public space, everyone enjoys the liberty to have access to it whether or not consent was obtained. It would be highly unreasonable to hold the Respondent in breach of privacy for what other persons have access to.

“The apprehension of the Applicant of his social interactions being monitored is manifestly speculative in itself and rather incredulous to believe that the financial institutions have the luxury of time to concern itself with such frivolities.

“On the whole, if I did not sustain the NPO, I would have dismissed the suit for the reasons stated. But the NPO having been sustained, the suit is therefore hereby struck out.”

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N1.3trn power debt: Tinubu approves payment, unveils plan to liquidate gas debts

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President Bola Ahmed Tinubu has given approval for the payment of N1.3trn legacy debts owed power generation companies.

Minister of Power, Chief Adebayo Adelabu speaking at the 8th Africa Energy Market Place 2024 in Abuja said that President Bola Tinubu has approved a plan to liquidate the debts.

According to him, “Mr. President has approved the submission made by the Minister of State Petroleum (Gas) to defray the outstanding debts owed to the gas supply companies to power generation companies. The payments are in two parts, the legacy debts and the current debts. For the current debt, approval has been given to pay about N130 billion from the gas stabilisation fund which the Federal Ministry of Finance will pay.”

“The payment of the legacy debt will be made from future royalties in exchange for incomes in the gas subsector which is quite satisfactory to the gas suppliers. This will allow the companies to enter into firm contracts with power generation companies.

“For the power generation companies, the debt is about N1.3 trillion and I can also tell you that we have the consent of the President to pay, on the condition that the actual figures are reconciled between the government and the companies. This we have successfully done and it is being signed off by both parties now. Majority has signed off and we are engaging to ensure that we have 100 percent sign off.

“The debt will be paid in two ways, immediate cash injection and through a guaranteed debt instrument, preferably a promissory note. This assures the companies that in the next three to five years, the government is ready to defray these debts.”

The Minister further stated that the government was working to get the distribution companies solvent and effective by unbundling their operations along state boundaries.

He insisted that the areas covered by the current DisCos were too large for them to deliver effective services to consumers.

In the same vein, the Chairman of the Nigerian Electricity Regulatory Commission (NERC), Engr. Sanusi Garba lamented the poor financial state of the DisCos, noting that it is difficult for them to raise the needed capital to invest.

Engr. Garba pointed out that the challenges facing the sector were a culmination of all past inactions and missteps by those saddled with the responsibilities of managing the sector both at policy and operational levels.

According to him, “Today when you look at distribution companies they are clearly and technically insolvent, and you also want them to raise capital in terms of debt or equity. It’s a Herculean task. I also want to mention that implementing the power sector reform requires very strong political will to implement decisions that impact on the wider public.”

However, the African Development Bank (AfDB) disclosed that it has so far spent over $450 million to support various power sector projects and programmes with another $1 billion planned to support the power sector reform effort by the government.

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Emirates Airline to resume Lagos-Dubai flights October 1

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Emirates Airline has disclosed that it will resume services to Nigeria from October 1, 2024, operating a daily service between Lagos and Dubai.

This development was announced in a statement on Thursday by the airline, which has its hub in the United Arab Emirates (UAE).

The airline disclosed that flight services will be operated using a Boeing 777-300ER.

“We are excited to resume our services to Nigeria. The Lagos-Dubai service has traditionally been popular with customers in Nigeria and we hope to reconnect leisure and business travellers to Dubai and onwards to our network of over 140 destinations.

“We thank the Nigerian government for their partnership and support in re-establishing this route and we look forward to welcoming passengers back onboard,” Emirates’ Deputy President and Chief Commercial Officer, Adnan Kazim, said.

Recall that Emirates Airlines had suspended its Dubai-Lagos flights in 2022 over its inability to repatriate trapped funds in Nigeria in the heat of the diplomatic row between the two countries.

This comes after Festus Keyamo, Minister Of Aviation And Aerospace Development in a post on his X (formerly Twitter) page had disclosed that he got correspondence from Emirates Airline when he visited Salem Saeed Al-Shamsi, ambassador of the United Arab Emirates (UAE) in Abuja.

 ”Yesterday, I paid a working visit to the Ambassador of the UAE to Nigeria, His Excellency, Salem Saeed Al-Shamsi at the UAE Embassy in Abuja. He handed me a correspondence from the Emirates Airline indicating a definite date for their resumption of flights to Nigeria,” Keyamo said.

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