Labour Bill: Police Foil NLC Rally
Court refuses to stop debate at N/Assembly
From Kola Ologbondiyan, Juliana Taiwo, Lillian Okenwa in Abuja, Ndubuisi Ugah, Francis Onwudo and Hilda Esin in Lagos
Police yesterday stopped the Nigeria Labour Cong-ress (NLC) from carrying out its planned peaceful protest against the Trade Union Act (Amendment Bill) undergoing legislative process at the National Assembly.
Also, an Abuja High Court yesterday turned down NLC request that it should stop the National Assembly from further debate of the bill.
However, the bill yesterday passed the second reading in the Senate and was referred to the Committee on Labour, Productivity and Employment for public hearing.
The police which were determined to stop the NLC rally deployed its men around the three arms zone and the Federal Secretariat, very early in the morning. Well armed policemen thoroughly searched workers and visitors going into the two complexes. The situation at the NLC Secretariat was no different, as the police were there at about 9.30am when the workers donning red bandana on their heads and arms were ready to move out.
Led by Commissioner in charge of Police Force Opera-tions, Mr. Lawrence Alobi, the police stopped the procession.
NLC President, Comrade Adams Oshiomhole and Alobi were at a point locked in hot exchange of words on why the rally should not hold. Alobi said the red bandana depicted that the workers were going to war and that since the NLC had no police permit he was going to employ force if they do not disperse in peace.
Oshiomhole said that the workers were not afraid of what the police or even the Federal Government could do.
"You have no right to lay siege to and stop my visitors from coming to see me. If we wanted to go to the National Assembly we would have gone and all your tanks would not have stopped us. It is our decision to stay here but you have decided to mobilise this men to block this place.
"This is not National Assembly nor Federal Secretariat. You must appreciate that if Nigeria becomes a prison you will become an inmate just like myself," the NLC President said.
Alobi in his response, however, said the law is very clear on holding of processions. "You must have your permit if you must go on procession. People are carrying red, which symbolises war and I am asking are we fighting war in this country now? We are reasonable men and I am talking to Nigerians who respect law which stipulates that if you want to go on procession you must seek police permit and I ask can I see your permit? You are over 500 people here, do you have permit? I am telling you in the name of the Head of State to disperse peacefully else we will use force to disperse you," he said.
However, speakers at the rally forced to hold inside the NLC premises condemned the bill and urged the National Assembly to do what is right by ensuring that the bill is not passed.
Two members of the House of Representatives from the All Nigeria Peoples Party (ANPP) and the All Progressives Grand Alliance (APGA), Hon. Haruna Yerima and Hon. Uche Onyeaguocha respectively were, however at the NLC secretariat to show solidarity with the workers.
"We have come here from the House to show solidarity to the NLC. We were told this morning that the letter you wrote seeking for permission to go to the National Assembly to put up your case was denied. Since it was denied the honourable members in the House decided to come here. We have to assure you that we are 100 per cent with the NLC and the Nigerian masses," Yerima said.
Onyeaguocha on his part said the country was already in bondage and that if the labour reform bill is passed into law, it would be more difficult to salvage the country.
"We should not be applauded for coming to show solidarity with you because that is what we ought to be doing. This country is already in bondage and the NLC has been paying its dues to free it. The NLC has fought for Nigerians it is now time for Nigerians to fight for the NLC.
"We have come here principally to let you know that the letter written by the Speaker to the NLC is not written on behalf of people like us. That opinion is that of the leadership of the House and not that of the majority. It is a right and not a privilege for workers to have access to National Assembly, is a place where people should have equal access," he said.
Chima Ubani of the Civil Liberties Organisation said that it is only the NLC that has fought every bad government including the Obasanjo administration.
"If it goes through let's get ready to celebrate the death of democracy. National Assembly members should realise they were not elected to further punish Nigerians but to alleviate their status," he said.
The former National President of Academic Staff Union of Universities (ASUU), Dr. Dipo Fashina said Nigeria was the only country where its President goes to settle quarrels in far away country and preaches freedom in another country but denies its citizens the right to freely associate.
A leader of the market women association expressed displeasure with the various policies of government saying their children have been turned to prostitutes and armed robbers while others have been forced into child labour in order to survive.
Oshiomhole in his remark later, commended the two honourable members, describing them as soldiers of democracy who have decided to sacrifice an opportunity to enrich themselves to show solidarity with the people.
He said what is on trial was democracy and it was left for the National Assembly to save or destroy it. "But we want them to know that we are the productive forces that are putting fertilizer, watering the fruits so that Nigeria can remain firm today. We are not questioning how much they are taking but we are asking them to leave some for us. But we want to assure them that if that bill is passed and they dare to increase fuel price we will show them mother of all strikes to prove to them that they cannot destroy our unity. IBB tried it in 1988, he dissolved NLC and three months later he increased fuel price to six kobo, eight unions decided to form a coalition and declared strike and later others joined and it was successful," he said.
But, in letters to Senate President Adolphus Wabara and Speaker of the House, Aminu Bello Masari, Oshiomhole had said the NLC accepted in good faith the reservations expressed by the National Assembly not to allow the planned peaceful procession to the gates of the Assembly.
He said the intention of the NLC to organise the planned procession was not to antagonise either the National Assembly or individuals.
"The intention was to avail workers the opportunity to express their concerns and interest in the proposed amendments to the Trade Union Act in a peaceful and respectful fashion, as had been done on other matters in the past.
"We urge that nothing should be construed as implying that the NLC and its affiliates have any grievances against the National Assembly on the Bill in question," he said.
Oshiomhole, however, said under the current dispensation, the National Assembly has provided the opportunity on at least six different occasions when the Congress and its affiliates had made such collective representation.
"Our belief remains that the hallowed grounds of the National Assembly constitute the most politically symbolic forum for making mass representation to custodians of the democratic system on matters of public interest. In all democracies, the parliament represents the major democratic institution for ventilating grievances and for making demands on the system by citizens," he said.
The Clerk of the National Assembly, Ibrahim Salim had in a letter addressed to the Acting General Secretary of the NLC and dated August 23, said the need to stage a procession in the premises of the National Assembly does not arise as any Nigerian has the right to initiate and present a bill to the legislature.
He said the House endeavours to organise public hearings to give the public the opportunity to express all shades of opinions on the subject matter before a final decision is taken by the legislature and advised the NLC to await such opportunity.
Yesterday in the Senate, the Labour, Productivity and Employment Committee, which will conduct public hearings on the bill was given up till next Tuesday to submit its report to the Senate for clause-by-clause passage.
Senator Ewa Henshaw (PDP, Cross River) has also announced that there would be a public hearing by the committee today (Wednesday).
Before the Labour Bill was referred to the committee, the Senate Majority Leader, Senator Dalhatu Sarki Tafida opened debate on it and was seconded by Senator Ewu Henshaw, who argued that Nigerians reserved the right to join or not to join any organisation.
The Senate Committee on Information Chairman, Senator Tawar Wada, noted that the bill raised four issues, which he listed as - to grant liberty to Nigerians to join any trade union of their choice; remove restrictions on collaboration of trade unions; remove restrictions in terms of dues; and, regulate issues that have to do with strike.
According to him, "any move to amend the bill to guarantee liberty is salutary. I take succour in Section 40 of the 1999 Constitution. This is a constitutional provision and any law that runs against this is void to the extent of its consistency. This section is one of the best things that can happen to this country.
"But in terms of talking of freedom, you also extend to issue of legal person. I want to say that the proposed amendment to give Section 5 that allows a minister to register unions, such a provision runs contrary to Section 40 of the Constitution. It is my advice that such a section should be expunged.
"On the question that dues should be voluntary, it runs counter to the provision. Any attempt to outlaw strike will not be doing justice. Strike is for collective bargaining. For us to sit in this chamber to make a law that outlaws strike, we would be biting more than we can chew.
The Senate Majority Deputy Chief Whip, Senator Clement Awoyelu, argued that "a situation where you have a country of 131 million people, and you have one labour organisation is wrong. What the law is set to achieve will be beneficial to the nation."
Senator Olorunnimbe Mamora, Chairman, Senate Committee on Ethics, Privileges and Code of Conduct, also argued that, "the bill in its present form throws up constitutional issues." He added that, "attempt to outlaw NLC, strikes and check off dues would not be in the interest of the nation."
Mamora, however, maintained that "if the bill is passed in its present form, it would be on record that the Senate acted as the undertaker of the NLC."
Wabara reacted angrily to Mamora's use of the word "undertaker" saying that, "such an intimidating remark is not acceptable by calling us undertakers. I'm not comfortable with that statement that distinguished senators are killers."
Mamora replied, "That was not our intention but if you found it offending, I withdraw that statement."
Other Senators who contributed to the debate were Umar Hambagda, Mohammed Anka, Abubakar Sodangi, and, the Deputy Senate President, Alhaji Ibrahim Mantu before the bill was read a second time.
Delivering a ruling on the ex-parte application for the enforcement of their fundamental rights to free association, under which NLC brought the action, the vacation judge, Justice Husseini Baba Yusuf held that the court could not grant an order restraining the National Assembly from further deliberations on the labour bill, as doing so would amount to interfering with the constitutional responsibilities of the lawmakers.
Yusuf further held that such a ruling would amount to an infraction against the doctrine of separation of powers.
The workers, represented by 30 trade unions, asked for a perpetual injunction restraining government from passing the Trade Union Amendment Bill 2004.
Mr. Femi Falana. who represents the unions in the action asked the court to declare the bill, as unconstitutional on the ground that it violates their fundamental right to freedom of association and peaceful assembly.
Falana also asked the court to declare that Nigerian workers are entitled to associate and assemble peacefully under the NLC without interference from the Federal Government.
The unions in asking for the above reliefs cited sections 40, 42, 46 of the 1999 constitution and Articles 3 and 10 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation.
The unions would also want the court to stop government from interfering with the internal affairs of NLC.
They asked for an order permitting the grant of leave to operate as a stay of further action in respect of the Bill.
Mindful of the fact that an order for a stay has the effect of stopping the National Assembly from going on with its constitutional duty to make law, the Judge asked that he be addressed on why the leave should operate as a stay.
Responding Falana said there was no law restricting people whose rights are threatened by a proposed law to wait for the lawmakers to finish enacting the law before approaching the court for redress.
An affidavit sworn to by Oshiomhole asked that the matter be dealt with expeditiously as it concerns the fundamental rights to freedom of association, peaceful assembly and freedom from discrimination of the Nigerian workers.
Some of the grounds relied upon in seeking the above reliefs are that:
The decision to outlaw the NLC while the Nigerian Emplo-yers Consultative Assembly is allowed to operate is discriminatory and illegal.
The Federal Government is not competent to dissolve, abrogate or liquidate the NLC.
The planned removal of the NLC from the register of Trade Unions violates Articles 3 and 4 of Convention NO 87 of the International Labour Organisa-tion, which has been ratified by the Federal Government.
The decision to phase out compulsory payment of check-off dues by workers to their trade unions is discriminatory and unconstitutional in that doctors, lawyers, accountants and other professionals are compelled by law to pay practising fees to their respective professional associations.
Hearing of the substantive suit has been adjourned to September 3.
Meanwhile, the Federal Government was yesterday told that for an atmosphere of conviviality to exist between it and the NLC, the government, should refrain henceforth from the unilateral review of existing labour laws.
However, where such review became imperative, it should therefore, follow due process which is in tandem with the International Labour Organisation (ILO) conventions.
These among other resolutions were the highpoints of a communique issued yesterday, in Lagos at the end of a symposium organised by the Citizen Forum (CF), in collaboration with civil society groups on the theme: "Labour Pains: Midwifing Democracy".
The forum in a five-point resolution stated "that the (Federal) Government has no business in unilaterally reviewing labour laws; "that the review of labour laws must follow due process which is consistent with the International Labour Organisation (ILO) conventions".
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