The Nigerian Labour Congress (NLC) has re-stated it’s stance to reject Federal Government registration of new trade unions for Academics in Nigerian Universities.
NLC in a statement signed by it’s President, Ayuba Wabba, was reacting to a letter from Minister of Labour and Employment, Chris Ngige urging the Congress to rescind its opposition to the registration of two new academic unions in the Nigerian public university system.
The new unions- the Congress for Nigerian University Academics and the Nigeria Association of Medical and Dental Academics -received letters of recognition recently during a ceremony at the Federal Ministry of Labour and Employment in Abuja.
Wabba had earlier demanded the withdrawal of the letters issued to the unions, on the grounds that their registration contravened the laws guiding trade unionism
“From the official explanation offered in your letter under reference for the granting of trade union certificates to Congress of Nigerian University Academics (CONUA) and Nigeria Association of Medical and Dental Lecturers in Academics (NAMDA), the Nigeria Labour Congress is now better placed to respond directly to the premise of your action or rather misstep in registering CONUA and NAMDA.
“Honourable Minister, your letter under reference was high on the need for correct interpretation and application of the law hence you again quoted Section 3(2) of the Trade Union Act T4 CAP 14 Laws of the Federation of Nigeria, 2004 which you also made a heavy weather of in the event where you presented trade union certificates to CONUA and NAMDA. Please find your speech at the certificate presentation event herewith attached.
“In your letter under reference, you claimed that the provisions of Section 3(2) which expressly forbids the Minister of Labour from registering a trade union where a trade union exists does not apply to the regrouping of trade unions. We wish to point out to you that on the basis of law and practice, your position on this matter is fatally flawed and represents a twist of the clear provisions of the law to serve a premeditated purpose.
First, the full rendition of the provisions of Section 3(2) of the Trade Union Act below shows that there is no differentiation whatsoever in the provisions of Section 3(2) of the Trade Union Act.
“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. (Emphasis mine)
“From the above citation, Honourable Minister, please where is the differentiation between regrouping an existing trade union and registering new trade unions which you talked about? We had to quote verbatim the provisions of the Trade Union Act as we did in our last letter to you on this matter to address your mind to the fact that you are being dangerously misled on a clear point of law.
“Second, we wish to draw the attention of the Honourable Minister to the fact that the underlined texts from the citation of Section 3(2) above which expressly forbids and restricts the Minister from registering unions in sectors where a trade union already exists is anchored on the word “register” which applies to both regrouping of existing trade unions or registering a new trade union. The legal language used therein is “shall” which in ordinary legal parlance imposes strict observance and total compliance. This rule is derived from Section 45(1) of the 1999 Constitution which regulates Section 38, 39, 40 and 41 and which reflects domestication of ILO Conventions 87 and 98 and other constitutional provisions on civil liberties and rights.” The statement reads.
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