El-Rufai Lacks Constitutional Power To Declare NLC Chairman Wanted – Falana
Femi Falana, a human rights lawyer and a Senior Advocate of Nigeria, has slammed Kaduna State Governor Nasir El-Rufai for ordering the arrest of Ayuba Wabba, President of the Nigeria Labour Congress (NLC), and other union leaders.
On Monday, the NLC staged a protest and strike to press their demand for the mass dismissal of employees in the state. Critical parts of the state’s economy have been paralyzed as a result of the protest.
In response, the Kaduna State government declared Wabba and other NLC leaders wanted under the Miscellaneous Offenses Act for economic sabotage and attacks on public facilities in Kaduna State.
In response to El-Rufai’s statement, Falana called the argument that the labour leaders had broken the Miscellaneous Offences Act “laughable.”
“The statement is laughable as it is common knowledge that Comrade Wabba and his colleagues are on the streets of Kaduna leading the peaceful protests embarked upon by the entire workers in the State since yesterday. The order of the Governor cannot be enforced for the following reasons:
“1. By the combined effect of the Trade Union Act and the Nigerian Constitution, Comrade Wabba and other labour leaders have the unquestionable rights to participate in the peaceful warning strike and mass protests against further retrenchment of workers in the Kaduna State public service.
“2. The Miscellaneous Offences Act is not a state statute but a federal enactment. To that extent, if Governor El Rufai has evidence that Comrade Wabba and other labour leaders have contravened any provisions of the Act he is required to lodge a complaint in any of the police stations in Kaduna State. The Governor lacks the power to declare any alleged offender wanted under the Act or any other law whatsoever.
“3. Furthermore, since Comrade Wabba and other labour leaders are entitled to the fundamental right of fair hearing including the presumption of innocence guaranteed by section 36 of the Constitution the Governor of Kaduna lacks the power to declare them wanted.”
