Minimum wage: Nationwide strike commences today-Labour
…as NASS fails to apprehend proposed action
. FG declares organised labour nationwide industrial action illegal, unconstitutional
. Advises them to return to negotiating table
By Ukpono Ukpong, Haruna Salami & Andrew Orolua
Following an inconclusive four-hour meeting between the National Assembly (NASS) leadership and organised labour, it has been confirmed that the nationwide strike, as planned, will commence today, June 3.
With multiple unions mobilising for a nationwide strike, tensions between labour groups and the government are reaching a boiling point.
The strike, scheduled to commence today, June 3, threatens to paralyse key sectors of the economy unless the government addresses the grievances outlined by the unions.
Representing labour, Festus Osifor, President of the Trade Union Congress (TUC), reiterated that the decision to proceed with the strike was made due to the necessity of consulting various organs, as the National Assembly lacks the power to unilaterally call off the proposed action.
He said: “The Senate President appealed to us to call off the strike. But we can’t sit here and call off the strike because we have other organs. We will take the appeals to our various organs.
“We don’t have the powers to call off the strike action. For now, the strike action will commence, while we discuss with our organs”.
Also, in a terse message posted on its X handle late Sunday, the NLC said: “Strike Action Goes on, A living wage is Possible”.
Earlier at the meeting on Sunday, Senate President, Godswill Akpabio, urged the government to continue wage awards halted in February until an agreement on the minimum wage is reached, citing potential adverse effects on the populace, particularly the sick.
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In attendance at the meeting were key figures such as the Secretary to the Government of the Federation (SGF), George Akume, Minister of Finance Wale Edun, Minister of Information, Alhaji Mohammed Idris Malagi, and others.
The efforts of Akpabio and Speaker of the House of Representatives, Tajudeen Abbas, to avert the strike were evident in their meeting with organised labour prior to the deadlock at the National Assembly.
A statement by Anietie Ekong, Special Assistant on Media/Communication to the Senate President, underscored the NASS commitment to facilitating dialogue between the government and labour, acknowledging the gravity of negotiating amidst crisis.
“I do know that Mr President had set up a very serious committee to negotiate with Labour. The Secretary to the Government of the Federation and the Head of Service who are here with us have been deeply involved in the negotiations.
“So the leadership of both Chambers decided to invite everybody here so we can listen to all parties. We are not taking over the work of the executive. We are not taking over the work of the NLC and TUC. But we just said we should hear from you.
“It is very difficult to negotiate for peace in an atmosphere of crisis. If you are on strike it means you are no longer negotiating. And the Nigerian people are desirous in having a closure to the issue of the minimum wage.
“And the government too is very eager to meet the yearnings of the people to a reasonable extent based on the current economic realities. Hence there was need for us to call all parties to the table and to hear from you.
“As the People’s Parliament we are also on the side of the people. Above all we are also workers. So what affects you affects us and what affects us also affects you. I welcome you that you honoured this invitation of the 10th National Assembly at very short notice,” Akpabio said.
Both Akpabio and Abbas reiterated the National Assembly’s solidarity with both government and labour, emphasising the importance of addressing the minimum wage issue gradually and inclusively.
Speaker Abbas, in the same vein, said the National Assembly is on the side of government and the Labour Unions.
“We are on the side of Labour and we are on the side of the people. That is why we call ourselves the People’s Parliament. Whatever affects the common man affects us too.
“I have said that how this country can eliminate corruption in the long run is to embrace a living wage, there are no two ways about it. But we should also be mindful that the mistakes of several decades cannot be repaired in one day.
“It is going to be a gradual process. We have to start somewhere and then agree to a plan of what we can do to reach that level where every Nigerian worker can beat his chest and say I am earning enough to put food on the table, enough to take care of the basics,” he said.
Expressing gratitude for the National Assembly’s intervention, Comrade Joe Ajaero, President of the Nigeria Labour Congress (NLC), reiterated the commitment to securing a living wage for all Nigerians.
“What we are negotiating for is for all Nigerians, which include your brothers and your sisters and your constituents. That is why we must all reason together to find the solution to it. It is not for the leadership of the labour unions. It is for all Nigerians.
“We are quite committed to finding a way forward, finding a living wage, finding a survival wage and not starvation wage for Nigerians. My colleagues and I are committed to this,” he said.
Meanwhile, in its earlier release, the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) expressed disappointment over the Federal Government’s failure to conclude a new National Minimum Wage Act and reverse the recent electricity tariff hike.
In response to this inaction, the NLC and TUC have declared an indefinite nationwide strike starting June 3rd, 2024, urging all affiliates and the general public to support the cause.
As the countdown to the strike begins, various unions have issued mobilisation directives to their members, signaling an imminent nationwide strike which would lead to potential disruptions of economic activities.
The National Union of Banks, Insurance & Financial Institutions Employees (NUBIFIE) and the Nigeria Union of Railway Workers (NUR) are among the unions urging participation in the indefinite strike scheduled to commence today, June 3, 2024.
In solidarity with the NLC and TUC, the Association of Senior Civil Servants of Nigeria has declared an indefinite nationwide strike, citing the Tripartite Committee’s failure to agree on a new minimum wage as the primary reason.
Despite previous rejections of the government’s offers, negotiations remain deadlocked, prompting the civil servants’ decision to join the broader strike action.
In a related development, NUBIFIE cited the directives from the Nigeria Labour Congress (NLC) as the basis for the strike action.
The union emphasised the need to compel the government to address key issues, including the negotiation of a new national minimum wage and the reversal of the recent hike in electricity tariffs.
With a call for “Total Compliance,” NUBIFIE’s General Secretary, Muhammed Sheikh, urged members to mobilise effectively for the impending strike.
Similarly, the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE) issued a directive urging members to join the nationwide strike.
Highlighting the importance of pressing demands regarding the national minimum wage negotiation and the electricity tariff hike, the union emphasised solidarity in achieving the desired outcomes.
Comrade Sikiru Waheed, the General Secretary of AUPCTRE, stressed the importance of compliance with the strike action.
Adding to the chorus of discontent, the Judiciary Staff Union of Nigeria (JUSUN) announced its participation in the nationwide strike.
The union’s directive, signed by Comrade Moses Akwashiki, Ag. General Secretary, called on all branches and chapters to mobilise ahead of the action.
JUSUN expressed solidarity with the broader labour movement’s demands, emphasising the need for government compliance on critical issues affecting workers’ welfare.
Further intensifying the pressure on the government, the Nigeria Union of Railway Workers (NUR) issued a notice of an indefinite nationwide strike.
The union cited the government’s failure to address the negotiation of a new national minimum wage and the refusal to reverse the recent electricity tariff hike as primary reasons for the strike action.
NUR’s Secretary General, Comr. Igbokwe Francis, called for cooperation from management to ensure the protection of critical equipment and properties during the strike period.
Meanwhile, the Federal Government has declared the planned nationwide industrial action by Nigeria Labour Congress, NLC, and Trade Union Congress TUC, for today Monday, June 3, 2024 as illegal, unlawful and unconstitutional.
The Attorney General of the Federation and Minister of Justice, AGF, Prince Lateef Fagbemi SAN, notified NLC and TUC of the illegality of the planned nationwide strike action on Sunday in a statement.
AGF advised the two union leaders to shelve the strike and return to the negotiation table so as not to run foul of the law guiding labour disputes.
In a letter to the leadership of NLC and TUC, Prince Fagbemi, SAN, drew the attention of the union leaders to the consequences of their proposed actions in respect of the planned strike, as he faulted the mode of its declaration as being in gross violation of the labour laws.
Citing various relevant laws, the AGF insisted that both the NLC and TUC ought to have served the federal government with a 15-day notice of the strike before contemplating any strike action.
He said the two bodies also violated the International Labour Organisation, ILO, laws because the conditions precedent for declaration of strike action were neither employed nor met.
He said the order of the National Industrial Court of Nigeria which barred the NLC and TUC from going on strike is still in force and binding on all parties in the labour dispute.
Fagbemi, SAN, who personally signed the letter, noted that the order of the National Industrial Court on the issue had not been appealed against by the NLC and TUC neither was it stayed or set aside, therefore he counselled the workers’ leaders to respect the subsisting court order.
He declared the planned strike action as premature, illegal, unlawful and unconstitutional, just as he asked the workers not to proceed with it.
Fagbemi cited Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which mandate both NLC and TUC to issue mandatory strike notices of at least 15 days.
He argued that the failure of the labour unions to comply with these provisions renders their strike action illegitimate and unlawful.
Furthermore, AGF questioned the legality of the proposed strike action, pointing out that the labour unions had not initiated trade disputes with their employers or issued any strike notices as required by law.
He emphasised the gravity of non-compliance with the mandatory 15-day notice, highlighting the criminalisation of such actions under Sections 41 and 42(1) of the Trade Disputes Act.
“I wish to further draw your attention to the fact that the conditions outlined by our national legislation for exercising the right to strike are in tandem with the International Labour Organisation principles concerning the right to strike.
“It is the position of the ILO Committee on Freedom of Association that the obligation to give prior notice, obligation to have recourse to conciliation, mediation and (voluntary) arbitration procedures in industrial disputes, etc are prior prerequisites for declaring a strike, the AGF said.
Regarding the alleged ultimatum issued to the government by labour for the conclusion of negotiations, Fagbemi asserted that it did not meet the requirement of issuing a formal notice of strike action.
In addition, Fagbemi reminded organised labour of the interim injunctive order granted on June 5, 2023, which restrained both NLC and TUC from embarking on any industrial action or strike. He emphasied that the order remains binding on the labour unions until overturned.
In light of these legal considerations, the AGF urged organised labour to reconsider their stance and return to negotiation tables, emphasising the importance of pursuing their cause within the bounds of the law.
The AGF, however, suggested that the two labour unions proceed to the negotiation meeting already adjourned to a date that would be communicated to them.
The letter was copied to the Secretary to the Government of the Federation, Chief of Staff to the President, Minister of State for Labour and Employment, National Security Adviser NSA, Inspector General of Police (IGP) and Director General, State Security Service SSS.
