Mixed reactions have trailed the proscription of the Academic
Staff Union of University, ASUU, Kogi State University chapter by
Governor Yahaya Bello.
The pronouncement came when the visitor of the state own
institution claimed that several efforts to call off the over six
months old strike fell into deaf ears.
Governor Yahaya Bello after an emergency State Executive meeting
at the Government House in Lokoja on Wednesday noted that the Kogi
State Government was now forced to conclude that, “ASUU, KSU’s
insistence on continuing her strike action even though Government
has paid her members’ salaries, earned allowances and other
benefits up-to-date (June, 2017) is both unreasonable and
unacceptable.
”ASUU, KSU and her members, for no justifiable cause, have
deliberately persisted in the breach of their responsibilities as
employees of the Kogi State Government working in an institution
founded to provide essential services, to wit, education.
”ASUU, KSU’s activities related to their strike of about 7
months have obstructed and disrupted the provision of essential
services, to wit, education thereby occasioning psychological
trauma and irrecoverable loss to those intended lawful recipients
of same.
”Consequently, the Governing Council of the Kogi State
University, Anyigba, the Management of the Institution and the Kogi
State Ministry of Education are hereby directed to: Deem all
academic staff of the Institution who do not resume their normal
academic activities immediately as having resigned from the
employment of the Kogi State Government and the University, and to
treat them accordingly.
”Take steps to immediately find and engage suitable replacements
for all crucial staff vacancies, including those who have left, may
wish to leave or who are deemed to have left the service of the
Kogi State Government and the University pursuant upon this
Proclamation.
”Start the process of employing all categories of academic staff
required by the Institution based on need assessment.
”All law enforcement and security agencies in Kogi State are
hereby directed to remain vigilant as usual and be proactive in
preventing any breakdown of law and order in any part of Kogi
State, whether consequent on this proclamation, or for any reason
whatsoever.”
But looking at it from a legal perspective, Barrister Eze
Onyekpere, an Abuja based lawyer enumerated the legal implications
and the effects of this on the institution and the students.
“In Nigeria, the first formal union was civil service union and
it was formed in 1912 and in 1938, trade union ordinance was
enacted as a legal entity .The decision of the kogi state
government to proscribe the KSU chapter of the ASUU has a serious
legal implication. Since it is the right of workers to combine
under one umbrella, any opposition can be regarded as violation of
human and trade union right granted to them by law,” he told DAILY
POST.
”The action of the governor is an infringement on their right to
unionism and freedom of association as enshrined in our
constitution. This will make ASUU to seek redress to the law court
in defence of her right and it will take time for this case to be
handle thereby distrupting academic activities in the school.
”The students will suffer because the school activities will be
truncated as a result of the legal battle. Those who had graduated
will not be mobilzed until the dispute is over. It has several
effects that is going to be unbearable. Instead of the governor to
solve the problem on ground, he took another draconian decision
that will aggravate the situation.
”The decision of the governor is a clear manifestion of his
intention to send the institution into extiction and put our future
in the state of jeopardy and despondency. He has to reverse that
decision and apologize for our interest.”
In a similar note, Barrister Joel Usman gave an insight of how
previous government in the country failed when they made an attempt
to proscribe the union in the past.
“In my view, Kogi state government does not have the power to
proscribe/abolish ASUU Kogi state chapter as it is a trade union,
established under the trade union Act which is under the exclusive
list.
”ASUU was formed in 1978. The military government of Gen.
Ibrahim Badamasi Babangida in 1988 & 1992 banned ASUU but later
allowed to operate thereafter and that is understandable as it is a
military government with a maximum rule.
BREAKING: Budget: Osinbajo sends N135.6bn virement proposal to
National Assembly
”But to imagine that in a democracy, a state government will
attempt to ban trade Union established under the trade union Act is
to say the least unfortunate as it not just and attempt to infringe
on the rights of academic staff of Kogi state University to freedom
of association but that he does not possess the power to
proscribe.”
‘Jibril Okutepa, SAN in his argument noted that,
“Legislation/proclamation by pronouncement is the hallmark of
dictators and vilified infamous individuals, who unfortunately
became corrupted absolutely by power.”
Idowu Olumodeji, said “There is no law in Nigeria under which
this action of His Excellency can be accommodated. For the records,
legislation by proclamation was the hallmark of renowned dictators
such as Benito Mousolini of Italy and Adolf Hitler of Germany. Not
even under military dictatorships were proclamations deployed as
tool for legislation.
”ASUU for God’s sake is a Trade Union registered under part C of
the companies and allied matters Act and its proscription cannot
come under the hands of the governor of any state. Not even the
state House of Assembly (if indeed we have one) can by legislation
purport to proscribe ASUU.
”I do not see how this rash act of the governor can resolve the
imbroglio. I think impunity is on the prowl in Kogi state and the
governor does not seem to have the benefit of rational legal
advice.
”This proclamation proscribing ASUU is an exercise in futility.
It is at best a classical demonstration of the Arrogance of
Ignorance.”
Cosmas Atabor averred that, ” I do not believe a State House of
Assembly, can by legislation purport to proscribe ASUU! Sadly, this
Imperial proscription on Wednesday cannot and will not solve the
current impasse and neither will it foster unity and or cohesion
amongst the people of the state, whose children and wards have lost
time and suffered lack of education and progress.
”Go ahead. Make all the excuses. State all the ‘irrelevant’
figures. 90% of their demands had been met so the balance 10% of
their benefits and due, should not be an issue. Go ahead; I
state….you will still be wrong in advising and or trying to defend
a wrong move that is not only wrongly timed but also ill-conceived,
as the land and the people crave succour and development after
being so whipped and ripped by previous administrations and more
surprisingly, the present and ongoing one.”
Adding his voice, the centre for Human Rights and Conflicts
Resolutions led by Idris Miliki advised the government to look for
a more diplomatic way of resolving the industrial disharmony rather
than taking a step which is contrary to the constitution.
“The proscribed ASUU of the state University Ayingba in kogi
state is an unfortunate development while we are not happy that the
school have been close for this long that does warrant the
illegality been perpetrated by the government. This latest action
and pronouncement by the government will and can never stand.
”We, however, call on all parties in the dispute to go back to
the negotiating table and get it resolved. This government in kogi
state should stop all this impunity and illegality.”
A serving state lawmaker in the Kogi State House of Assembly
representing the Peoples Democratic Party (PDP) Igalamela Odolu
constituency wrote on his facebook page that, “Your company
determines what accompanies you. The first method for estimating
the intelligence, attitude & aptitude of a leader is to look at
the men he has around him. Can ASUU be proscribed by a
Governor?”
In the defence of the government, the Chief Press Secretary to
the Kogi State Governor Mrs Petra Akinti Onyegbule explained that,
“Lecturers have been paid up to June 2017. All for work not done
since they were home for about seven months. Who refunds time
wasted to students? It is impossible. I went to KSU. I resumed on
March 12, 2001 and by July 2004, I was done with my
four-year-course. No ASUU. By 2005 January, I was in NYSC camp.
”Everyone has a right to association but when the activities of
any association become repugnant to justice, commonsense and such
association becomes a weapon of oppression of the weakest in their
sphere of influence, it becomes the duty of government to protect
the weak.”
Mixed reactions have trailed the proscription of the Academic
Staff Union of University, ASUU, Kogi State University chapter by
Governor Yahaya Bello.
The pronouncement came when the visitor of the state own
institution claimed that several efforts to call off the over six
months old strike fell into deaf ears.
Governor Yahaya Bello after an emergency State Executive meeting
at the Government House in Lokoja on Wednesday noted that the Kogi
State Government was now forced to conclude that, “ASUU, KSU’s
insistence on continuing her strike action even though Government
has paid her members’ salaries, earned allowances and other
benefits up-to-date (June, 2017) is both unreasonable and
unacceptable.
”ASUU, KSU and her members, for no justifiable cause, have
deliberately persisted in the breach of their responsibilities as
employees of the Kogi State Government working in an institution
founded to provide essential services, to wit, education.
”ASUU, KSU’s activities related to their strike of about 7
months have obstructed and disrupted the provision of essential
services, to wit, education thereby occasioning psychological
trauma and irrecoverable loss to those intended lawful recipients
of same.
”Consequently, the Governing Council of the Kogi State
University, Anyigba, the Management of the Institution and the Kogi
State Ministry of Education are hereby directed to: Deem all
academic staff of the Institution who do not resume their normal
academic activities immediately as having resigned from the
employment of the Kogi State Government and the University, and to
treat them accordingly.
”Take steps to immediately find and engage suitable replacements
for all crucial staff vacancies, including those who have left, may
wish to leave or who are deemed to have left the service of the
Kogi State Government and the University pursuant upon this
Proclamation.
”Start the process of employing all categories of academic staff
required by the Institution based on need assessment.
”All law enforcement and security agencies in Kogi State are
hereby directed to remain vigilant as usual and be proactive in
preventing any breakdown of law and order in any part of Kogi
State, whether consequent on this proclamation, or for any reason
whatsoever.”
But looking at it from a legal perspective, Barrister Eze
Onyekpere, an Abuja based lawyer enumerated the legal implications
and the effects of this on the institution and the students.
“In Nigeria, the first formal union was civil service union and
it was formed in 1912 and in 1938, trade union ordinance was
enacted as a legal entity .The decision of the kogi state
government to proscribe the KSU chapter of the ASUU has a serious
legal implication. Since it is the right of workers to combine
under one umbrella, any opposition can be regarded as violation of
human and trade union right granted to them by law,” he told DAILY
POST.
”The action of the governor is an infringement on their right to
unionism and freedom of association as enshrined in our
constitution. This will make ASUU to seek redress to the law court
in defence of her right and it will take time for this case to be
handle thereby distrupting academic activities in the school.
”The students will suffer because the school activities will be
truncated as a result of the legal battle. Those who had graduated
will not be mobilzed until the dispute is over. It has several
effects that is going to be unbearable. Instead of the governor to
solve the problem on ground, he took another draconian decision
that will aggravate the situation.
”The decision of the governor is a clear manifestion of his
intention to send the institution into extiction and put our future
in the state of jeopardy and despondency. He has to reverse that
decision and apologize for our interest.”
In a similar note, Barrister Joel Usman gave an insight of how
previous government in the country failed when they made an attempt
to proscribe the union in the past.
“In my view, Kogi state government does not have the power to
proscribe/abolish ASUU Kogi state chapter as it is a trade union,
established under the trade union Act which is under the exclusive
list.
”ASUU was formed in 1978. The military government of Gen.
Ibrahim Badamasi Babangida in 1988 & 1992 banned ASUU but later
allowed to operate thereafter and that is understandable as it is a
military government with a maximum rule.
BREAKING: Budget: Osinbajo sends N135.6bn virement proposal to
National Assembly
”But to imagine that in a democracy, a state government will
attempt to ban trade Union established under the trade union Act is
to say the least unfortunate as it not just and attempt to infringe
on the rights of academic staff of Kogi state University to freedom
of association but that he does not possess the power to
proscribe.”
‘Jibril Okutepa, SAN in his argument noted that,
“Legislation/proclamation by pronouncement is the hallmark of
dictators and vilified infamous individuals, who unfortunately
became corrupted absolutely by power.”
Idowu Olumodeji, said “There is no law in Nigeria under which
this action of His Excellency can be accommodated. For the records,
legislation by proclamation was the hallmark of renowned dictators
such as Benito Mousolini of Italy and Adolf Hitler of Germany. Not
even under military dictatorships were proclamations deployed as
tool for legislation.
”ASUU for God’s sake is a Trade Union registered under part C of
the companies and allied matters Act and its proscription cannot
come under the hands of the governor of any state. Not even the
state House of Assembly (if indeed we have one) can by legislation
purport to proscribe ASUU.
”I do not see how this rash act of the governor can resolve the
imbroglio. I think impunity is on the prowl in Kogi state and the
governor does not seem to have the benefit of rational legal
advice.
”This proclamation proscribing ASUU is an exercise in futility.
It is at best a classical demonstration of the Arrogance of
Ignorance.”
Cosmas Atabor averred that, ” I do not believe a State House of
Assembly, can by legislation purport to proscribe ASUU! Sadly, this
Imperial proscription on Wednesday cannot and will not solve the
current impasse and neither will it foster unity and or cohesion
amongst the people of the state, whose children and wards have lost
time and suffered lack of education and progress.
”Go ahead. Make all the excuses. State all the ‘irrelevant’
figures. 90% of their demands had been met so the balance 10% of
their benefits and due, should not be an issue. Go ahead; I
state….you will still be wrong in advising and or trying to defend
a wrong move that is not only wrongly timed but also ill-conceived,
as the land and the people crave succour and development after
being so whipped and ripped by previous administrations and more
surprisingly, the present and ongoing one.”
Adding his voice, the centre for Human Rights and Conflicts
Resolutions led by Idris Miliki advised the government to look for
a more diplomatic way of resolving the industrial disharmony rather
than taking a step which is contrary to the constitution.
“The proscribed ASUU of the state University Ayingba in kogi
state is an unfortunate development while we are not happy that the
school have been close for this long that does warrant the
illegality been perpetrated by the government. This latest action
and pronouncement by the government will and can never stand.
”We, however, call on all parties in the dispute to go back to
the negotiating table and get it resolved. This government in kogi
state should stop all this impunity and illegality.”
A serving state lawmaker in the Kogi State House of Assembly
representing the Peoples Democratic Party (PDP) Igalamela Odolu
constituency wrote on his facebook page that, “Your company
determines what accompanies you. The first method for estimating
the intelligence, attitude & aptitude of a leader is to look at
the men he has around him. Can ASUU be proscribed by a
Governor?”
In the defence of the government, the Chief Press Secretary to
the Kogi State Governor Mrs Petra Akinti Onyegbule explained that,
“Lecturers have been paid up to June 2017. All for work not done
since they were home for about seven months. Who refunds time
wasted to students? It is impossible. I went to KSU. I resumed on
March 12, 2001 and by July 2004, I was done with my
four-year-course. No ASUU. By 2005 January, I was in NYSC camp.
”Everyone has a right to association but when the activities of
any association become repugnant to justice, commonsense and such
association becomes a weapon of oppression of the weakest in their
sphere of influence, it becomes the duty of government to protect
the weak.”
Read more https://nairalaw.com/lawyers-others-react-to-gov-bellos-ban-on-kogi-unversity-asuu/