30 Civil Society Groups Endorse Strike
NLC appeals Ukeje's judgement
By Chris Nwachuku, Francis Onwudo, Hilda Esin in Lagos and Lillian Okenwa in Abuja
Over 30 civil society organisations as well as the Congress of Free Trade Union (CFTU) yesterday endorsed the plan by the Nigeria Labour Congress (NLC) to embark on nationwide strike from October 11 should the Federal Government fail to revert the recent increases in fuel prices from N43.90 to between N52 and N57.
The NLC and civil society groups consequently announced the immediate formation of Labour Civil Society Coalition (LASCO) to prosecute the protest. The coalition which is expected to meet again today, will work out mechanism and the process of mobilisation for the action.
At the crowded meeting at Yaba liaison office of NLC, the civil society groups and NLC said the resolve to fight is in view of the determination of the Obasanjo administration to inflict more punishment on Nigerians.
Last Monday, the NLC National Executive Council made up of 36 state council chairmen and secretaries and the 25 affiliate unions rejected the new price regime for petroleum products.
Having resolved to resist the hike, the leadership of NLC was mandated to liaise with the other trade union centres and civil society organisations to plan and execute a nationwide strike.
Speaking after the meeting, spokesman of the new coalition and NLC President, Adams Oshiomhole, said the coalition is expected to widen its demand today, noting that the issue at stake goes beyond recurring fuel price increases.
"The over 30 civil society groups, CFTU have endorsed the national protest initiated by NLC beginning from October 11, 2004 if the pump price is not reverted to the old price. All the groups have also resolved to prosecute the battle under the Labour Civil Society Coalition (LASCO)," said Oshiomhole.
The coalition said the protest will be sustained and resolved on a way "that the government will not subject Nigeria again to endless increases. We are not going to fight against these increases alone, we are talking of a common attitude even against future increases under the lifespan of this government."
According to Oshiomhole, the meeting involving the civil society groups today will deliberate on a number of issues affecting the Nigerian nation and people on the basis of which a comprehensive demand that goes beyond the issue of fuel hike will be produced.
The coalition said it was alarmed and scandalised that a government which at the African Union Summit lamented that over 87 million Nigerians are not only poor but are living below $1 a day could in less than one week resort to measures that would further keep many out of jobs and make the people poorer.
It noted that the new price regime for petroleum products will harm the national economy, impoverish the small scale sector while throwing more and more Nigerians into the labour market.
On the basis of this, the coalition disclosed that the effort of government to scuttle workers' rights to protest had only energised them and vowed to fight for the creation of a society where government respect the people.
The coalition said its determination to fight is greater now than ever before as a result of recent experience.
"We have all learnt from our past struggle. We have seen the gains. We have seen the limitations and on the basis of the experiences learnt from the different phases of struggle, this phase will be enriched by these previous struggles. We cannot afford to give up now at this time," said Oshiomhole.
Oshiomhole said that Nigerians have not seen enough of government harmful policy, saying that not to fight now will amount to compromising the future of the nation.
"We have seen nothing yet. This government is determined to inflict more hardship on Nigerians. We must all come out and demonstrate that bitterness against the anti-people policy of this administration," he said.
Leader of the civil society groups, Dr Beko Ransome-Kuti, is expected to chair today's meeting where a comprehensive demand will be articulated and presented to the government.
Meanwhile, the NLC has filed a 21 ground of appeal at the Court of Appeal, Abuja seeking to set aside the judgment of Justice Roseline Ukeje, Chief Judge of Federal High Court, which among other things barred the workers union from embarking on strike not related to employment issues.
The NLC also yesterday filed another action at an Abuja Federal High Court seeking an order of stay of execution of Ukeje's judgment delivered Tuesday last week.
It filed yet a third suit at another Abuja Federal High Court seeking to restrain the Federal Government from increasing the prices of petroleum products and from further collecting the N1.50k fuel tax.
Some of the grounds raised in NLC's notice of appeal are that Justice Ukeje decided issues that were not brought before her for adjudication.
NLC's counsel Mr. Femi Falana filed the appeal for Labour.
Ground one of the Notice of Appeal reads, "The learned trial, judge, erred in law when she held that "Both in the Trade Unions Act (Cap 437) and the Trade Disputes (Cap 432) Laws of the Federation of Nigeria 1990 I have searched in vain for the statutory creation or statutory functions of the President, Nigeria Labour Congress, I saw no provision relating to the NLC President. And I was shown no such Law. "
Labour argued that the legality of the Office of the President of the NLC was neither raised in the reliefs sought by the parties nor in the issues formulated by them.
According to Labour, by declaring the position of the NLC President illegal without hearing from the appellants, the lower court violated the union's right to fair hearing guaranteed by section 36 of the 1999 Constitution and Article 7 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 1990.
In another ground of appeal, Labour contended that, "The learned Chief Judge of the Federal High Court erred in law when she held that, "Also, Mr. Oshiomhole, who so claims, has not proved that the office of the President, Nigeria Labour Congress is an institution."
It is the view of Labour that the issue of the NLC being an institution was never formulated for determination by the parties before the lower court.
Argued NLC, "Since the Congress was created by the Trade Unions Act (Cap 437) Laws of the Federation of Nigeria, 1990 as the only central labour organisation no further proof was required on its part to show that it is an institution."
On whether Oshiomhole has the capacity to sue, Labour said that the issue was never raised by the parties in this case.
"By formulating issues suo motu and pronouncing on them the learned Chief Judge dragged herself into the arena and in the process coloured her mind with a large dose of bias," NLC said in the appeal.
Labour also faulted the position of the trial judge when she held that "the N1.50K fuel tax does not qualify as a trade dispute for which the defendants, as a trade union can embark on strike. "
It argued, "There was unchallenged evidence before the lower court that the N 1.50k fuel tax had led to reduction in the wages of workers following the astronomical rise in the cost of transportation to and from work.
"Since the N1.50K fuel tax had had adverse effect on the appellants' conditions of service it qualified as a trade dispute."
No date has been fixed for hearing.
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