Falana: FG should put collective bargaining agreements with ASUU into effect

Ibekimi Oriamaja Reports

Instead of choosing the fascist course of action of outlawing the union, human rights attorney Mr. Femi Falana SAN has advised the Federal Government to concentrate on implementing the collective agreements reached with the Academic Staff Union of Universities, ASUU, which are enforceable under the relevant provisions of the Trade Disputes Act.

Just then, the attorney launched a court challenge against the Lagos State Government’s introduction of a setback parking charge, calling the measure unlawful and urging it to be immediately reversed.

Falana claimed in a statement released yesterday that the Government would need to change Chapter 4 of the Constitution, which guarantees citizens’ fundamental right to freedom of association, in order to outlaw ASUU.

He claims that it is a special amendment that needs to be resolved by four-fifths of the National Assembly’s members and accepted by a majority of two-thirds of the members of at least 24 Houses of Assembly.

The ferocious attorney continued by saying that the federal government would also have to revoke its ratification of the International Labor Organization’s Convention No. 87 on Freedom of Association and Protection of the Right to Organise as well as the African Charter on Human and Peoples Rights.

He declared: “Section 40 of the Constitution and Article 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement Act) ensure people’ fundamental freedom to establish or join political parties and labor unions under the current democratic system.

The International Labour Organization Convention No. 87 on Freedom of Association and Protection of the Right to Organise has been approved by Nigeria as a member of the committee of civilized states. It is important to remember that parties to the Convention are required to protect both employers’ and employees’ freedom to join organizations of their choosing without interference from authorities, which is one of the fundamental tenets of the ILO.

Ayo Irikefe, then-CJN, stated that “in my judgment, constitutionally entrenched laws, notably those preserving individual rights, should not, save in a fascist regime, be lightly trampled upon” in the case of Olaniyan v. University of Lagos (1986) 4 NWLR (Pt 34) 162 at 173. As a result, in order to outlaw ASUU, the Government will need to change Chapter 4 of the Constitution, which guarantees citizens their fundamental right to freedom of association. It is an unique amendment that needs to be voted on by four-fifths of the National Assembly’s members and ratified by a majority of two-thirds of the members of at least 24 Houses of Assembly. Additionally, the Federal Government will revoke its ratification of the International Labor Organization’s Convention No. 87 on Freedom of Association and Protection of the Right to Organise as well as the African Charter on Human and Peoples Rights. The anti-democratic elements pushing for the administration of President Buhari to outlaw ASUU should be made to understand that a democratic government lacks the authority to suspend citizens’ fundamental rights outside of the scope of the Constitution.

He said those criticizing ASUU for purported resistance should persuade the federal government to give financing for tertiary education a higher priority. “After all, the Central Bank of Nigeria (CBN) has just granted $235 million to foreign airlines in accordance with the federal government’s mandate to enable international travel by a select group of privileged individuals. Additionally, the so-called gasoline subsidy fund, which the federal government had planned for at N443 billion in the 2022 Appropriations Act, has now been enhanced to N4 trillion thanks to a Supplementary Appropriations Bill that was adopted by members of both chambers of the National Assembly. It is noteworthy to notice that the federal parliamentarians did not carefully examine the specifics of the enormous sum. As if that weren’t enough, Nigeria’s Finance Minister, Mrs. Zainab Ahmed, said that the cost of fuel subsidies will be N6.5 trillion this year alone. And very soon, the National Assembly will pass a second, N2.5 trillion supplemental budget for the enormous scam. But the federal government is reportedly broke when it comes to paying higher education, he noted.

Falana stated that the federal government should commit itself to the faithful implementation of collective agreements established with ASUU, which are enforceable by virtue of the relevant articles of the Trade Disputes Act, rather than adopting the fascist alternative of prescribing ASUU.

“For instance, it was specifically specified in the FG/ASUU Agreements of 1992 and 2009 that the proceeds from the sale of the Federal Government’s properties abandoned in Lagos when the Federal Capital was transferred to Abuja would be used to support tertiary education in the nation. However, the federal government has since reversed course and is now giving away the properties to private citizens and corporate entities.

“Powerful people and corporations, including a multinational conglomerate, purchased several of the properties. The federal government should transfer some of the assets to the universities in accordance with the FG/ASUU Collective Agreements since some of the properties have not yet been sold.

“It may also be of interest to concerned citizens to know that, in accordance with the 1992 Agreement, the management of the universities had registered and established consultancy firms to handle work by specialists in the country’s academic community. However, university councils made up of government appointees favor awarding contracts worth millions of Naira to businesspeople chosen by the political parties in power. Through such dubious agreements, the meager revenue designated for university capital projects is misappropriated as a lot of the projects are shelved. It is known that the Federal Government was not permitted to go into some examples of widespread corruption that were reported to anti-graft organizations.

“The 1992 FG/ASUU Agreement included a provision for the creation of a Tertiary Education Trust Fund, which became law in 1993. As a result, every Nigerian registered company’s profits are subject to a two percent (2%), education tax under the Tertiary Education Trust Fund Act. Unfortunately, the Federal Government collects the fund in a fairly random fashion. The Federal Government has been unable to obtain the multiple billions of Naira from corporations who have neglected to make contributions to the Fund, despite pressure from ASUU. In order to monitor the collection and keep the list up to date, the Government has also declined to disclose the list of businesses that are eligible to make contributions to the Fund. There are other systemic leaks that the Federal Government, working with all tertiary institution trade unions, could stop.

When it was revealed last week that the negotiations between the Government and ASUU about the strike had broken down, there is no doubt that parents and students attending public institutions were disappointed and hurt. The Federal Government should be persuaded to terminate the protracted industrial action while urging both parties to pick up the negotiations in the interest of the nation. The Federal Government should ensure that the strike is ended by quickly signing the Renegotiated Agreement with ASUU, rather than using distraction methods like blackmailing ASUU.
He emphasized that strikes were made illegal during the British colonial administration, pointing out that previous attempts to outlaw ASUU had failed on multiple occasions. However, Nigerian workers disobeyed the order and established trade unions to protest the foreign colonizers’ shoddy resource extraction of the country. The Trade Union Ordinance of 1939 was enacted by the British when they saw the futility of the proscription. Strikes were forbidden by law, although trade union organization was permitted. Despite the law’s anti-strike clause, the general strike of 1945, organized by the Nigerian Railway Union and Comrade Michael Imoudu, temporarily halted the colonial economy. Workers made a decision then and there to lead the fight for decolonization. As a result, the British started attacking workers brutally. For instance, the colonial police violently beat the Enugu coal workers in November 1949 after they went on strike for better working conditions. 21 colliery workers died as a result of the violent attack, while numerous others were hurt. The strike sparked widespread outrage, exposing the British colonial regime’s horrific practices.

“In 1966, the military dictators outlawed the country’s trade unions, much like the colonialists did. After the civil war, however, the employees disobeyed the prohibition and started multiple strikes. By 1973, the Yakubu Gowon administration had abandoned its anti-worker stance and had passed the Trade Union Act. The Trade Disputes Act of 1976 was issued by the military government of Olusegun Obasanjo. Instead of prohibiting laborers, the Shehu Shagari administration entered the trade union movement to quell Nigerian workers’ protests. When the Ibrahim Babangida military dictatorship sought to outlaw ASUU in 1992, it was urged against doing so because it would not be effective. Therefore, the junta passed a law declaring strike to be a treasonous offense. We hurried to the Justice M. Ope Agbe-presiding Lagos State High Court. We persuaded the Judge that the revolting edict was unconstitutional, and his Lordship granted an order that stopped the fascist legislation’s implementation.

“The Sani Abacha military junta issued a decree in 1994 that ostensibly outlawed ASUU. We went to the Justice Ajakaiye-led Enugu court division of the Federal High Court. Once more, we succeeded in persuading the court to overturn the archaic ruling. His Lordship determined that the directive merely limited ASUU’s operations to specific university campuses rather than outlawing it. The fact that ASUU did not conduct business outside of college campuses enraged the dictatorship. To stop them from influencing workers, the Babangida junta then issued an order that exorcised ASUU and other key members of the Nigeria Labour Congress. The heads of the power staff unions were imprisoned by the junta for going on strike, and the customs and immigration staff unions were also outlawed. The NEPA Eleven, however, later received a pardon and were freed from prison.

“The civilian Olusegun Obasanjo administration changed the Trade Union Act in 2005 by making union membership optional. Check dues payments are voluntary, but workers who want to engage in industrial action must hold a vote first. Individual ASUU members signed letters instructing the administration of the institution to keep taking their check off dues. ASUU never goes on strike without first holding a vote among its members in each of its branches, strictly adhering to the relevant Act provisions. ASUU is currently the most well-organized labor union in Africa as a result.

Falana urged the state administration to immediately revoke the parking regulation in Lagos State.

In a letter to a company that sells snacks and meals, the Lagos State Parking Authority claimed that it had taxed the company N290,000 for the parking lot outside the establishment.

The food establishment was instructed in the letter to pay a non-refundable administrative processing charge of N50,000 as well as N80,000 annually for each of the three parking lots.

Falana countered that under the present democratic system, the state government lacked the constitutional authority to create the Lagos State Parking Authority, a body responsible for managing parks.

The body, he insisted, was unlawful.

According to Section 7 of the Federal Republic of Nigeria’s 1999 Constitution, as amended, local governments have the exclusive constitutional authority to develop and operate car parks in any of the federation’s states, he said.

Additionally, local government bodies are solely responsible for creating and maintaining any parks, gardens, public spaces, or other amenities as the House of Assembly may specify.

Falana argued that because the Lagos State Parking Authority was an unauthorized institution, it lacked the constitutional authority to set and collect parking fees from state residents in any way at all.

The Lagos State Parking Law was erroneously passed to consolidate “all that relating to parking and its connected purposes with powers and functions and which states that the Authority shall, among other things, be responsible for all forms of managed parking in the State. The House should be requested to start the process for its immediate repeal.

The provisions of Section 7 of the Constitution and its Fourth Schedule must be followed by the Babajide Sanwoolu administration’s plan to transition Lagos State to a 21st-century economy.

“The Lagos State High Court decided that the bye law authorizing the Eti Osa Local Government Area to collect parking charge from the claimant was in order in Aitel Nigeria Limited v. Attorney-General of Lagos State & Three Others (2019) 1 NCLR 1. The claimant filed an appeal with the Court of Appeal because she was unhappy with the ruling.

“The Court of Appeal held that it was unable to agree with the appellant that the third respondent does not have the authority to make law that relates to private parking because there is nothing in the bye law that is in conflict with Section 7 and Paragraph 1 of the Fourth Schedule to the constitution, dismissing the appeal and upholding the lower court’s ruling.

The Court of Appeal’s valid and current ruling on the sole authority of local governments to control and collect parking levies in Lagos State binds the Lagos State Government and all other authorities as well as other people. In that sense, Section 7 of the Constitution does not allow the putative parking tax set by the Lagos State Parking Authority to be justified. It ought to be withdrawn right away, he said.

Adebisi Adelabu, the agency’s general manager, stated that the organization was created in accordance with the Lagos State Transport Reform Law 2019 and an Act of the State Assembly in 2019 to manage parking activities and transform the state’s parking culture by enacting laws that adhered to international parking standards.