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Op-Ed: The Legality And Broader Implications Of Nigeria Labour Unions’ Strike

THE ongoing struggle between the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) against the federal government over workers’ rights culminated in a nationwide strike earlier this week. This raises an important question: was the strike action legal? The answer lies in the international and domestic legal frameworks that Nigeria has ratified and adopted. Article 23 of the Universal Declaration of Human Rights (UDHR) states: ‘Everyone has the right to form and join trade unions for the protection of his interests.’ Similarly, the International Labour Organisation (ILO) Convention 87 guarantees workers’ freedom of association and the right to strike.

Nigeria’s 1999 Constitution (as amended) also recognises the right to strike in Section 40, which states: ‘Every person shall be entitled to assemble freely and associate with other persons, and in particular, he may form or join trade unions or other associations for the protection of his interests.’ The Trade Disputes Act (TDA) Cap T8, LFN 2004, further reinforces the right to strike, providing procedures for resolving trade disputes. The TDA permits workers to embark on a strike after a seven-day notice to the employer and the Minister of Labour.

Given these provisions, the organised labour unions’ strike action was legally justified, as it sought to protect workers’ interests and promote their welfare. The federal government’s refusal to meet workers’ demands violates Nigeria’s international obligations and constitutional provisions. President Bola Ahmed Tinubu’s impunity and disrespect for workers’ rights, coupled with his refusal to engage in constructive dialogue to resolve the ongoing impasse, paints a picture of an emerging tyrant.

Narrow focus of labour unions

However, the focus of the organised labour unions on salary and electricity tariff increases amid the myriad of economic woes plaguing the country raises questions about their priorities. With a population of over 200 million, Nigeria faces more pressing issues that affect the majority of its citizens.

The removal of the fuel subsidy, which has crippled the economy, seems to be overlooked by the organised labour unions. The impact of fuel subsidy removal on the masses far outweighs the benefits of a salary increase, which affects less than 5 percent of the workforce. Furthermore, the minimum wage increase does little to alleviate the suffering of pensioners under the contributory pension scheme, who have been shortchanged by the federal government. The organised labour unions’ silence on this issue is deafening.

Broader issues needing attention

The organised labour unions must broaden their scope and address the more pressing concerns of the Nigerian people, including but not limited to:

  1. Fuel subsidy removal: The removal has had devastating effects on the economy and the living standards of the masses. A comprehensive policy addressing the fallout from subsidy removal is essential.
  2. Economic revitalisation: There needs to be a focus on creating jobs, stimulating local industries, and fostering economic growth to reduce poverty and unemployment.
  3. Pension reform: Ensuring that pensioners receive their due entitlements promptly and adequately is crucial for their well-being.
  4. Job creation: Investing in sectors that have high employment potential can help alleviate the high unemployment rate.
  5. Social welfare programmes: Implementing programmes that support the most vulnerable citizens can help reduce inequality and improve living standards.

Only by addressing these broader issues can the Nigerian masses feel that the organised labour unions truly represent the interests of all Nigerians, not just a select few.

Living wage and its implications

President Tinubu’s failure to pay workers a living wage is a deliberate choice that perpetuates corruption and inefficiency within the workforce. By refusing to provide a decent standard of living for workers, the government forces them to seek alternative means of survival, often through unethical practices.

This decision has far-reaching consequences. Workers may engage in corrupt practices to supplement their income, undermining the integrity of public institutions. Low morale and demotivation lead to reduced productivity, hindering the delivery of quality public services. Talented workers are forced to seek better opportunities abroad, depriving Nigeria of skilled professionals. Moreover, the gap between the rich and the poor widens, exacerbating social unrest and instability.

Paying a living wage is not only a moral obligation but also a sound economic policy. It would boost worker productivity and morale, reduce corruption and inefficiency, and stimulate economic growth. The government of President Tinubu should, as a matter of urgency, prioritise paying workers a living wage and address the root causes of corruption and inefficiency. Only then can Nigeria build a motivated workforce, drive economic progress, and foster a more equitable society.

Violation of workers’ rights

President Tinubu’s refusal to pay workers their minimum wage is a clear violation of the law and a stark reminder of his administration’s disregard for the well-being of Nigerian workers. By withholding workers’ rightful earnings, President Tinubu perpetuates a culture of disregard for the rule of law and perpetuates economic hardship for the most vulnerable citizens.

This decision not only harms workers but also undermines the economy, as low wages stifle consumer spending and economic growth. The minimum wage is a fundamental right, and its payment is crucial for ensuring a decent standard of living for workers and their families.

President Tinubu should reconsider his stance and prioritise the welfare of Nigerian workers by paying them their rightful minimum wage. It is only by upholding the law and respecting the rights of workers that Nigeria can build a prosperous and equitable society. The organised labour unions, while justified in their strike, must also broaden their focus to address the broader economic and social issues affecting the majority of Nigerians. By doing so, they can truly represent the interests of all citizens and contribute to a more just and equitable society.

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