A Lagos based lawyer, Ireoluwa Oguntuase, has described as laughable the decision of the executive governor of Kaduna State, Mallam Nasir elRufai, to declare the Nigeria Labour Congress’ president, Comrade Ayuba Wabba, and other leaders of the union wanted over the strike action embarked upon by workers in the state.
Recall that that Wabba had engaged NLC in the state to embarked on strike to protest against mass disengagement of workers and other alleged anti-labour moves by the government.
Wabba had during the flag-off of the action on Monday said that it would run its full course unless the state government attended to the workers grievances.
The workers also grounded all economic activities in the state.
El-Rufai, who had earlier called the bluff of the union, on his verified Twitter page on Tuesday declared the labour leaders wanted for ‘economic sabotage & attacks on public infrastructure under Miscellaneous Offences Act.’
He tweeted, “KADUNA UPDATE: Ayuba Wabba & others of @NLCHeadquarters declared wanted for economic sabotage & attacks on public infrastructure under Miscellaneous Offences Act. Anyone that knows where he is hiding should send a message to @MOJKaduna. KDSG. There will be a handsome reward!”
KADUNA UPDATE: Ayuba Wabba & others of @NLCHeadquarters declared wanted for economic sabotage & attacks on public infrastructure under Miscellaneous Offences Act. Anyone that knows where he is hiding should send a message to @MOJKaduna. KDSG. There will be a handsome reward!
— Nasir Ahmad El-Rufai (@elrufai) May 18, 2021
According to Oguntuase, the strike action called upon by the labour union was legal and the governor’s action was vindictive.
“Pursuant to Section 39 of the 1999 Constitution, the Labour expressed themselves by proceeding on strike in furtherance of a trade dispute and the Governor calls that economic sabotage!” he wondered.
He explained further that the state governor did not honour its agreement with the labour union as there is dignity in labour.
“In the first instance, considering the etymology of this imbroglio, one would see that the Kaduna State Governor initially infracts on the provision of Section 20 of the Labour Act (Redundancy) by deciding to declare redundancy without adhering to the procedures.
“Section 20(3) of the Act defines redundancy as permanent and involuntary form of unemployment as a result of excess of manpower.
“The provisions before Section 20(3) (Supra) explicitly talks about the procedures to be complied with before declaring redundancy. Part of these procedures include informing the affected employees of the redundancy situation and negotiating with the relevant and affected employee trade union on the redundancy package. To the best of my knowledge, the KSG is yet to do this.
“In view of this failure, are we now saying the Labour unions cannot picket, or even declare strike as an industrial tool to drive home their demand? Of course, they can!
“What the union are saying specifically is that there is dignity in Labour and by the principle of decent work (which is an international best practice) KSG, cannot sack employees without the appropriate procedures being taken. By saying that, are they asking for too much? No!
The Lagos based lawyer also stated that the governor may have been ill-advised as the Nigerian constitution permits union leaders to protest and protected by immunity by same constitution.
“Section 23 of the Trade Union Act also offers immunity to trade union and its offers with respect to anything done in contemplation of in furtherance of trade dispute.
“Suffice it to state that Section 48 of the Trade Dispute Act defines Trade Dispute as any dispute between employers and worker or workers and workers connected with employment, unemployment, terms of employment and physical condition of work of any person”
“Flowing therefrom, I think this immunity exists to protect the Trade Union Officers in this case.
“The Kaduna State Government’s declaration to me is therefore vindictive, dictatorial, unconstitutional and an attempt to cow Labour into submission. The government on the alternative should employ collective bargaining and endeavor to settle the dispute amicably. This declaration may further plunge the state into chaos, and strengthen the union’s resolve not to back down.
“Finally, the conduct of the Governor underscores the fact that our regional governments (states) are not ripe for state police. I can only imagine what would’ve happened if the Governor controls the police and other security apparatus in his state,” he submitted.
The Kaduna state government has also declared a bounty on the labour union leader if found.
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