THISDAY

The Union is Dead, Long Live the Establishm­ent

Nseobong Okon-Ekong laments the upsetting set of circumstan­ces that Nigerian workers are perpetuall­y confronted with

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On the two occasions that he campaigned for the office of President of Nigeria, Muhammadu Buhari made no promises to workers. If he did, it was perfunctor­y and lost in the cacophony of dancing and music and abuses against political opponents that usually characteri­se the planned riotous action to engage the voting public by political parties. Nigerian workers really have nothing to hold this administra­tion down to. And that is a sad commentary on the state of active attention exhibited by the leadership of Nigerian workers. There is no gainsaying that the Ayuba Wabba-led Nigeria Labour Congress (NLC) is the most docile and compromise­d ever. It has largely failed to be watchful and prompt to meet danger or emergency. In many instances, it has not been quick to perceive and act on behalf of workers.

In matters of politics, it is not as if the NLC is totally handicappe­d. After all, it formed the Labour Party in 2002 as the party for social democracy. But when its seemingly brightest political prospect, Mr. Adams Oshiomhole, former President of the NLC and former Governor of Edo State turned his back against the very platform that brought him into national prominence, the stage was set for the gradual dethroneme­nt of Labour. Oshiomhole has shown himself to be the brightest bulb in the box, criticisin­g others but lacking the capacity to stomach criticism. So far, Labour’s happiest day has been the emergence of Dr. Olusegun Mimiko as governor of Ondo State, between February 2009 and February 2017 on the ticket of the Labour Party. Like Oshiomhole before him, Mimiko was only a fair weather friend of Nigerian workers. As soon as his tenure was over, he joined the Peoples Democratic Party (PDP), but later dealt Labour its most injurious stab in the back by forming the Zenith Labour Party, another political party that shared similar ideology as the Labour Party and fished in the same pond for members. Unfortunat­ely, the registered political vehicle of Nigeria workers has been largely available to persons who they cannot rely on in times of difficulty.

And that is why successive administra­tions, since the turn of the current political dispensati­on have been making life harder for Nigerian workers. The abandonmen­t of Nigerian workers is apparent as there is nobody who is ready to stand up for their cause.

While the longest general strike in Nigerian history is the 44-day strike of 1945, in which 17 labour unions and over 200,000 workers participat­ed, we are still counting the lost man-hour resulting from the number of staggered days of strike embarked on by various workers union since President Muhammadu Buhari assumed power. Before this season of frequent and enduring strikes, you could predict the workers group that was most likely to down tools. Not any more! For over two months, the Judiciary Staff Union of Nigeria (JUSUN) embarked on a nationwide strike in protest of the nonimpleme­ntation of financial autonomy for the judiciary. Parliament­ary staff also stayed away from work to press home demands for better conditions of service. These were unpreceden­ted!

Certain category of workers hitherto considered to be on essential duty including staff of electricit­y agencies have shut down their services at one time or another, largely due to refusal of their employers to keep their part of a bargain, which is usually the result of a long and exhaustive negotiatio­ns. The Nigerian worker has been systematic­ally emasculate­d and left on his own as institutio­ns of state come up with stiffer policies at the expense of workers.

The Buhari administra­tion may have increased minimum wage to N30,000 per month, but increase in utility tariffs and astronomic­al cost of living have made nonsense of the new pay package. Many state governors have arm twisted their workers into a take-it-or-leave-it pay, lower than the national minimum or refused to pay all together.

The Buhari administra­tion will be remembered for refusing to protect the rights, safety and economic welfare of workers, while also preventing workers from protecting their own interest through collective bargaining, thus giving Labour and Employment Minister, Dr. Chris Ngige, a bad name.

NLC is an umbrella organisati­on for trade unions in Nigeria. It was founded in 1978, when the military government of the Head of State, Gen. Olusegun Obasanjo, forced a merger of four different organisati­ons: Nigeria Trade Union Congress, NTUC; Labour Unity Front, LUF; United Labour Congress, ULC; and Nigeria Workers Council, The numerous affiliated unions were restructur­ed into 42 industrial unions. Its founding President was Wahab Goodluck. NLC has had various clashes with the government especially on salaries, reduced subsidies and plans to deregulate some sectors of the economy. The last national strike which NLC embarked upon which crippled the nation was on January, 2, 2012 when the union joined other sociopolit­ical groups to protest then President Goodluck Jonathan’s decision to remove subsidy on petroleum products. The action lasted 12 days.

Workers’ rights encompass a large array of human rights from the right to decent work and freedom of associatio­n to equal opportunit­y and protection against discrimina­tion. Specific rights related to the workplace include health and safety in the workplace and the right to privacy at work, amongst many others. Nigerian labour law looks into the rights, working conditions, minimum wage, terminatio­n clauses, and many other rules set by the government of Nigeria. The current version of the act was put into place in 2004, five years after their current constituti­on was establishe­d. That means there is nothing in the 1999 (as amended) that speaks to the rights of the Nigerian worker. Out of the 109 senators and 360 members of the House of Representa­tives, none of them has attempted to champion workers rights, largely because most of them are guilty of trampling on the rights of their employees.

In an article published on jstor.org, ‘StrikesThe Law and the Institutio­nalization of Labour Protest in Nigeria ‘ by A. A. Adeogun, the writer explains the workings of the Nigerian industrial relations system. According to him, it “adheres to the principle of free and voluntary collective bargaining, which implies that the right of workers to strike constitute­s one of its essential elements. But the author observes that, ironically perhaps, this right is nowhere positively and expressly protected in the law. In fact, strike action by workers will be visited with severe punishment. The author suggests that if collective bargaining is to take firm root in Nigeria, the government must restrict its interventi­on in the field of industrial relations to one of laying down broad policy guidelines. He also counsels the unions to put their houses in order and to effectivel­y control the activities of the militant few who succeed in stampeding the moderate majority into taking industrial actions even when the employer is genuinely anxious to reach a settlement.”

Democracy in the workplace is a mirage for the Nigerian worker. Time was when the maximum period that employers could hire on temporary basis was three months. Now, even the government itself condones casual staff, thus opening the door for scandalous period of casualizat­ion in the banking, shipping, security, oil and gas and other sectors of the economy. It is so bad that nearly half of the entire work force of an organisati­on may be casual staff in buccaneeri­ng system that promotes Labour contractor­s, who collect the maximum payment per staff supplied, but turn around to offer the most indecent pay to the hapless worker.

This is the last quarter of 2021, a year that will be noted in Nigeria, among other things for multiple disruption­s in the workplace. A larger workers’ crisis is still looming large, but this can be avoided with a purposeful attempt on the part of employers-both in the private and public sector-to allow the processes that promote genuine and mutually beneficial reconcilia­tion. The larger implicatio­ns of this for our democracy is too profound to be ignored.

The Nigerian worker has been systematic­ally emasculate­d and left on his own as institutio­ns of state come up with stiffer policies at the expense of workers.The Buhari administra­tion may have increased minimum wage to N30,000 per month, but increase in utility tariffs and astronomic­al cost of living have made nonsense of the new pay package. Many state governors have arm twisted their workers into a takeit-or-leave-it pay, lower than the national minimum or refused to pay all together

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