The decision of the Federal Ministry of Labour and Employment to
split the pension union into three different unions has pitched the
government against organised labour and pensioners in the
country.
Acting on a petition to the President against the decision which
was taken in the last days of the former Minister of Labour,
Senator Chris Ngige, The Nation can report that the Secretary to
the Government of the Federation wrote the Ministry demanding
explanation as to why the union should be split into three.
President of the Nigeria Labour Congress (NLC), Comrade Ayuba
Wabba also wrote the SGF informing him that the decision to create
two new unions out of the Nigeria Union of Pensioners was a
violation of the laws of the land which stipulates that no new
union shall be registered to represent workers where a union
already exist.
In his response to the letter from the SGF, Permanent Secretary
in the Ministry of Labour and Employment, William Alo said the
former Minister acted based on the powers conferred on him by the
Trade Union Act.
Alo said the Ministry has overtime received applications from
different interest groups seeking to register other trade unions of
retirees who fall under the jurisdictional scope of Nigeria Union
of Pensioners (NUP).
The Permanent Secretary conceded the fact that “Part B of the
Third Schedule of the Trade Unions Act CAP T.14 (LFN) stipulates
the jurisdictional scope of the NUP as covering “all Pensioners
from me civil service of the Federation Including Local government
salutary corporations , government-owned companies, educational
institutions for which the Government of the Federation is
responsible. All such similar establishments. Also private sector
pensioners.”
He argued that “the reasons adduced for the agitation that other
unions should be carved out of the NUP included amongst others;
alleged structural defects with particular focus on the State and
Local Government pensioners, lopsidedness In the appointment of
national leaders, aged/dysfunctlonal leadership, lack of
accountability, general inefficiency and failure to effectively
represent the interest of its teeming members.
“Sequel to the above, It became evident to the Ministry that the
NUP as the only existing trade union for pensioners had become too
big and could no longer cope with the burden of catering for all
retirees In the country.
“The then Honourable Minister of Labour and Employment, pursuant
to me powers vested on him by the provisions of Section 3(2) of the
Trade Unions Act CAP. T14 (LFN) 2004 which states that the
Honourable Minister on his being satisfied that it is expedient to
register the union either by regrouping existing trade unions.
“Arising from the need of the Ministry to holistically look at
the extant labour laws with the objective of enhancing continued
stability, viability, including adequate coverage of the vulnerable
groups of retirees as part of constitutional requirements, the then
Honourable Minister, Dr. Chris Ngige constituted a 6-Man Technical
Working Committee (TWC) to look into the possibility of regrouping
the NUP with a view to address the Issues raised by the different
groups.”
He informed that with the new registration, the Nigeria Union of
Pensioners: Federal CIVII Service defined, State and Local
Government pensioners, Federal Tertiary Institutions and State
Tertiary Institution pensioners; Association of Retired Public
Servants of Nigeria: Federal Parastatals, State Parastatals
pensioners, Electricity Sector pensioners and other private sector
pensioners and Contributory Pensioners: Federal Contributory
Pensioners State Contributory Pensioners , Local Government
Contributory pensioners.
But in his own letter to the SGF in response to the letter from
the Ministry, NLC President, Ayuba Wabba said the Permanent
Secretary was being economical with the truth when he said that the
action of the former Minister was to create a union that will be
more effective.
Wabba said the Minister has no power to regroup any existing
union without tripartite social dialogue, stressing that if new
unions are formed because of simple disagreement among members of
existing union, the industrial space will be saturated with unions
which may be uncontrollable.
He said “Section 3(2) of the Trade Unions Act states that “…no
trade union shall be registered to represent workers or employers
in a place where there already exists a trade union”. The former
Minister of Labour and Employment. yielding to other interests
lesser than noble, violated this section of the law by registering
other unions where there already existed NUP.
“Similarly, in pursuance/enforcement of the provisions of S.
3(2) of the Trade Unions Act. the Supreme Court held in the cases
of Registered trustees of National Association of Community Health
Practitioners of Nigeria and 2 Others v. Medical and Health Workers
Union of Nigeria [2008) 2 NWLR [Pt. 1072) 575, and Osawe v.
Registrar of Trade Unions (I985) l NWLR (Pt. 4) 755, that new
unions cannot be registered where there is an existing union.
“Resort is often had to 5.40 of the Constitution of the Federal
Republic of Nigeria. I999 (as amended) (as is the case in annexure
‘A‘ page 3 of 4 para 7 (i) to the Permanent’s letter] as a basis
for wanting to create new unions.
“However, we find it necessary to point out that S. 40 of the
Constitution of the Federal Republic of Nigeria [ as amended 1 is
not absolute but subject to the provisions of $.41 and 5.45 of the
Constitution. In other words, the right to freedom of association
is only exercisable subject to the fulfilment of the conditions
spelt out in Ss. 41 and 45.
“And although a section of S. 3(2) of the Trade Unions Act does
state that the Honourable Minister ‘ on his being satisfied that it
is expedient to register the union either by regrouping existing
trade unions…’, this power is not without some conditions as per S.
4(4) TUA which states inter alia. ‘The Registrar shall not register
the trade union if it appears to him that any existing trade union
is sufficiently representative of the interest of the class of
persons whose interest the union is intended to represent.
“The jurisdictional scope of NUP in Part B of the Third Schedule
of the Trade Unions Act CAP T.l4 (LFN covers ‘ all pensioners from
the civil service of the Federation including Local Governments,
Statutory corporations, government-owned companies, educational
institutions for which the Government of the Federation is
responsible. All such similar establishments. Also private sector
pensioners”.
“Clearly, the jurisdictional scope of NUP has never been in
doubt, and over the years, it has diligently serviced this
constituency in spite of the challenges in the pension sector.
“We therefore do believe it is inappropriate and unlawful to
regroup or register new unions in a sector where a union already
existed on the basis of a minor dispute arising from an election
issue as this will be tantamount to validating vaulting ambition of
a select few, driven not by passion for service but filthy lucre
and inordinate ambition.
“For instance, one of the promoters of these unions, Temple
Ubani is a former unit Chairman at NUP.
“It is also trite knowledge that the Minister cannot
unilaterally regroup unions without tripartite social dialogue.
Even when there are manifest conditions for regrouping a union,
there is a prescribed process that ‘involves the tripartite
members.
“This condition was not met. Rather, what we had was a process
tele-guided by the Minister in contravention of Convention 144
which harps on tripartite consultations. lt similarly bonders an
interference in the internal affairs of the union.”
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