The Federal Government said the reason it is dealing with the ASUU strike in court has nothing to do with the workers’ rights to strike but due to seven months of protracted discussions and negotiations that failed.
This was disclosed by Labour Minister in a public briefing on Monday, titled, “Contemporary History of Working Class Struggles’’, according to the News Agency of Nigeria.
He noted that he would have failed in his duties if he did not refer the matter to the National Industrial Court of Nigeria (NICN).
What the minister is saying
Ngige noted that ASUU was at the stage of Collective Bargaining (CBA) negotiation with their employers, the Federal Ministry of Education when they embarked on strike. He regretted that the ASUU leadership did not even understand the import of CBA negotiation because they lacked the nutrients of labour unionism.
He also noted that an out-of-court settlement can still be reached between both parties.
- “There are laws guiding strike. There are ILO principles on right to strike. Nobody can take it away.
- ”But, there are things that follow it when you embark on strike as a worker and they are enshrined in the laws of our land.
- “It is written in Trade Dispute Act. The ILO principles of strike talk about the right of a worker to withdraw services. There is also right to picket. These are things that are done.
- ”Nigeria is respected in ILO. Some people said Federal Government took ASUU to court. No. I referred the matter after seven months of protracted discussions and negotiations that failed,” Ngige said.
He also added that what is left between both parties is the renegotiation of the 2013/14 agreement.
- “Some people are saying 2009 agreement. The 2009 agreement has been renegotiated in 2013/2014 with the administration of former President Goodluck Jonathan. It is an anathema to use the 2009 agreement.
- “What is left is the renegotiation of their conditions of service, which is their right. It should be done but they are negotiating it under the principle of offer and acceptance and it broke down irretrievably there at the Federal Ministry of Education.
- “That kick-started Section 17 of the Trade Dispute Act whereby the Minister of Labour and Employment, whoever it is, if you don’t transmit according to the dictates of Section 17, TDA, 2004, Laws of the Federation of Nigeria.
- “This means you would have failed in your function. Therefore, I had to transmit,” he added.
In case you missed it
- Nairametrics reported yesterday that the Abuja division of the National Industrial Court heard a suit brought before it by the Federal Government of Nigeria against the Academic Staff Union of Universities (ASUU) over the lingering strike action.
- In a referral letter, dated September 8, Chris Ngige, the minister of Labour and Employment had referred the matter to court as dialogue between the FG and ASUU was not yielding any fruit.
- Part of the letter read, “In view of the fact that ASUU members have been on strike since February 14, 2022, and have refused to call off the action despite the apprehension of same, it would be appreciated if this dispute is given an accelerated hearing to bring the dispute to an end.”
- It also wants the court to determine whether ASUU members are entitled to pay while on strike.
