Nigeria: FG approaches Industrial Court to interpret legality ASUU’s prolong strike

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WorldStage Newsonline– The Federal Government of Nigeria has approached the National Industrial Court of Nigeria (NICN) for adjudication over the prolong strike by the Academic Staff Union of Universities (ASUU).

Dr Chris Ngige, the Minister of Labour and Employment, said this on Sunday in Abuja in a letter addressed to the Registrar of NICN, dated Sept. 8 that the government will meet ASUU at the court on Monday.

In a statement signed by Olajide Oshundun, Head, Press and Public Relations, in the ministry, Ngige said the referral instrument had become necessary following the failure of dialogue between the union and the Federal Ministry of Education.

He added that the matter is billed for mention by 9 a.m on Sept. 12.

”The Federal Government has asked the NICN to inquire into the legality or otherwise of the ongoing prolonged strike by ASUU leadership and members that had continued even after apprehension.

“It asked the court to interpret in its entirety the provisions of Section 18 LFN 2004, especially as it applies to the cessation of strike once a trade dispute is apprehended by the Minister of Labour and Employment and conciliation is ongoing,” he said.

He also said that the NICN are to interpret the provisions of Section 43 of the Trade Dispute Act, Cap T8. LFN 2004, titled “Special Provision with Respect to payment of wages during strikes and lock-outs”.

Ngige said this ”specifically dealing with the rights of employees/workers during the period of any strike or lock-out.

”Can ASUU or any other union that embarked on strike be asking to be paid salaries even with clear provisions of the law.

“Determine whether ASUU members are entitled to emoluments or ‘strike pay’ during their period of strike, which commenced on Feb. 14.

”Moreso, in view of our national law as provided in Section 43 of the TDA and the International Labour Principles on the right to strike as well as the decisions of the ILO Committee on Freedom of Association on the subject,” he said.

He added that NICN should determine whether ASUU had the right to embark on strike over disputes as is the case in this instance by compelling the Federal Government to employ its own University Transparency Accountability Solution (UTAS) in the payment of the wages of its members as against the Integrated Payroll and Personnel Information System (IPPIS).

According to him, as this is universally used by the Federal Government in the nation for payment of wages of all her employees in the Federal Government Public Service of which university workers, including ASUU members, are part of.

”Or even where the government via NITDA subjected ASUU and their counterpart, Universities Peculiar Personnel Payroll Systems (UPPPS) software to integrity test (vulnerability and stress test) and they failed,” he said.

Ngigi also said the federal government further asked the court to determine the extent of fulfillment of ASUU’s demands since the 2020 Memorandum of Action (MOA) that the union signed with government.

The minister said their demands include the funding for revitalisation of public universities as per 2009 agreement, Earned Academic Allowances (EAA) payments, state universities proliferation and constitution of visitation panels, and release of white paper on the report of the visitation panels.

He noted that others are the reconstitution of the government renegotiation team for renegotiation of 2009 agreement, which was renegotiated 2013/2014, due for renegotiation 2018/2019, and the migration of ASUU members from IPPIS to its own UTAS, which is currently on test at NITDA.

”Consequently, the Federal Government requested for an order of the Court for ASUU members to resume work in their various universities while the issues in dispute are being addressed by the NICN in consonance with the provisions of Section 18 (I) (b) of the TDA Cap T8. LFN 2004,” he said.