Tuesday, October 4, 2022

THE TRADE UNION ACT 2005 AS AMENDED NGIGE ERRED IN THE FACE OF THE LAW . By Comrade Ayodele Aaron

One wonders sometimes in Nigeria how some political office holders who seemingly suffer from severe mental incapacity are increasingly allowed to thrive with their notoriety to cause confusion, institutionalise abnormalities and illegalities, and official declaration for the adoption of impunity. 

It is rather unfortunate that some exalted political offices in Nigeria that should provide leadership for optimal gains and societal benefits are reserved for some set of notorious drunkards who usually embrace gross abuse of office, and shamelessly express sheer sentimental attachment with absurdity, lawlessness, and executive rascality. 

Such is the case of the current minister of labour and productivity, Dr. Chris Ngige. Right from the outset of his appointment into the Labour ministry, Ngige has always represented the opinions and norms of another society that is actually not in Nigeria. And it is quite amazing how he has consistently thrown the labour industry into a state of anomie. For how long will the Federal Govt permit such a lousy minister who has demonstrated he has nothing to offer than noise-making and deployment of crude and anachronistic methodologies that are not compatible with the 21st century Democratic and civil model in the handling and management of labour affairs. 

I have watched the ongoing impasse between ASUU and Federal Govt closely. And I do suspect just like in any other union agitations against Government generally that if only the Government can be sincere, a workable solution can actually be set up. But what is the priority of the Federal Government? Of course, we have always known that the greatest plot by many Nigerian politicians is to de-emphasize education in this country so that invariably we can have a society that produces more of illiterate thugs that are valuable to their trades. If not, I don't see how any Government would allow the closure of its universities for so many months under whatever circumstances and reasons. 

The Labour minister, a medical Doctor and his colleagues have succeeded in destroying the health sector via their unjust, uncivil, and highhanded practices. While we are still breathing for solutions, they have also migrated to the Education sector to cause further damage. The intellectual community should do whatever it can to avert this disaster. There should be something left for us in this country to be proud of. 

I read from some media outlets that Dr. Ngige has registered two new trade unions at the university. As if that was not embarrassing enough, we saw pictures of how certificates of Registration were presented to the new union leaders ceremoniously by a minister who should be restless,  intelligently engaging and passionately offering to ensure that the gates of the universities are opened again for our Children. Rather than finding a solution as a leader, he is busy scheming, and building conspiracy to bring down ASUU. When we told the whole world that Doctors are the reasons our health sector is what it is today, many did not believe it. Why is it that one of the two newly registered illegal unions i.e the  National Association of Medical and Dental Academics NAMDA)  belongs to Dr. Ngige's profession? I still cannot fathom how creating a union for only medical doctors in the university can solve ASUU demands from the federal Government.  How did Ngige err in the face of the law by his recent show of unimaginable expression of unfortunate registration of two additional unions in the universities? 

Fundamentally, Trade Union means a combination of workers or even employers in a particular TRADE, profession, industry e.t.c. that protects the right of workers.  

The trade union act 2005 as amended has its own statutory definitions as well that is more elaborate and that are derivations of statutory considerations in the protection of freedom of association. The Act also provides for rules and regulations for the administration and control of all trade unions in Nigeria viz : registration, operations, responsibilities, prohibitions, check off dues regulation among many other functions. 

But in the case of the newly registered illegal unions by Dr. Ngige, the provisions of the trade union Act is clear in Section 3 Subsection 2. This section states that

 " No combination of workers or employers shall be registered as a trade union save with the approval of the minister on his being satisfied that it is expedient to register the union either by regrouping existing trade unions, registering a new trade union, or otherwise howsoever, but no trade union shall be registered to represent workers or employers in a place where there already exists a trade union". [1978 No. 22.].

With the above provision, Dr. Ngige has once again shown that he is not vast with the knowledge of labour or union movements in Nigeria. And this is a lesson for us all that in this country, we must learn to allow technocrats to occupy sensitive positions such as this. Is the Minister aware that it is unlawful to have proceeded with such registration? Perhaps no. Did he consult widely on those applications for registration? No. Does he have genuine intention to approve the registration? No. Why then should the Federal Government look away from the overbearing attitudes of a minister to further aggravate and exacerbate the fragile education sector rather than providing solutions?  Will the Federal Government be proud of a minister formulating problems to solve problems? 


Therefore, I will advise the leadership of ASUU to quickly approach a court of competent jurisdiction to declare the registration of the National Association of Medical and Dental Academics (NAMDA) and   Congress of Nigerian University Academics ( CONUA)  illegal. The minister should come back to the round table with the ASUU and justify why he was appointed the Labour minister by brainstorming and harvesting solutions from critical stakeholders and not using divide and rule to cover up for his inefficiencies. 

Finally, political leaders should learn from the international communities where people resign their positions whenever it does appear that available capacities can no longer provide for expected solutions. You must not get fixated on a position you have lost control over. If the minister has lost steam as evident currently, let him resign. 



Comrade Aaron Ayodele

Writes from Kogi State.

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