FG, ASUU Can Still Settle Case Out Of Court — Ngige

*Says FG Plans Increment Of Minimum Wage

The ongoing strike by the Academic Staff Union of Universities (ASUU) would have dragged on for two years because of a lack of progress in negotiations, Minister of Labour and Employment, Senator Chris Ngige has said.

“If I leave them in education they will stay there two years without progress,” Ngige told his audience at the public presentation of a book which chronicles the labour movement struggles at 40 in the country on Monday.

He said he referred the dispute to the National Industrial Court after negotiations between the union and the Federal Ministry of Education had broken down.

Ngige said he would have failed in his duties if he didn’t refer the matter to the NICN in line with section 17 of the Trade Dispute Act 2004 after seven months of protracted discussions and negotiations with the union which failed.

He recalled that ASUU was at the stage of collective bargaining agreement (CBA) negotiation with their employers, the Federal Ministry of Education when they embarked on strike.

The Minister noted that the leadership of ASUU does not understand the import of CBA negotiation because they lacked the nutrients of labour unionism.

He said: “We have to counsel our brothers on negotiation. No negotiation is forced. You cannot say it is either you give me 200 per cent or I will continue my strike. There are laws guiding strikes. There are ILO principles on the right to strike. Nobody can take it away.

“But, there are things that follow it when you embark on strike as a worker and they are enshrined in the laws of our land. It is written in the Trade Dispute Act. The ILO principles of strike talks about the right of a worker to withdraw services. There is also a right to picket. These are things that are done.

“Nigeria is respected in ILO. Some people said the Federal Government took ASUU to court. No. I referred the matter after seven months of protracted discussions and negotiations that failed.”

Ngige recalled that he conciliated the dispute twice, first on February 22, one week after the commencement of the strike and some agreements were reached, and he brought everybody back on March 1 for another conciliation.

According to him, the only thing left was going back to the Federal Ministry of Education for the renegotiation of the 2013 agreement.

“Some people are talking about the 2009 agreement. The 2009 agreement was renegotiated in 2013/2014 with the administration of former President Goodluck Jonathan. It is an anathema to use the 2009 agreement.

“What is left is the renegotiation of their conditions of service, which is their right. It should be done but they are negotiating it under the principle of offer and acceptance and it broke down irretrievably there at the Federal Ministry of Education. That Kick-started Section 17 of the Trade Dispute Act whereby the Minister of Labour and Employment, whoever it is, if you don’t transmit according to the dictates of Section 17, TDA, 2004, Laws of the Federation of Nigeria, you would have failed in your function.

“Therefore, I had to transmit,” the Minister said.

Ngige, however, said the transmission does not mean that the matter cannot be settled out of court.

He said either of the parties involved, the Federal Ministry of Education and ASUU could approach the NICN for an out-of-court settlement.

The Minister maintained that Nigeria must be guided by laws and nobody should use the dispute to harangue anybody.

He also revealed plans to increase the minimum wage of workers from the current N30,000.

Ngige stated that the increment in the minimum wage was necessary due to the current global inflation that has impacted on citizens’ purchasing power.

President Muhammadu Buhari, in 2019, signed Minimum Wage Act into law. However, many States, according to labour leaders, are yet to implement the law of paying their respective workers N30,000.

Ngige said, “The inflation is worldwide, we shall adjust the minimum wage in conformity with what is happening and much more important, the 2019 Minimum Wage Act has a new clause for a review.

“That adjustment has started with the Academic Staff Union of Universities (ASUU), because the stage they are with their primary employers, the Ministry of Education, is a Collective Bargaining Agreement, CBA, negotiations.

“Under the principles of offer and acceptance, which is that of Collective Bargaining, ASUU can say let’s look at the offer they gave us and make a counter offer, but they have not done that, if they do that, we are bound to look at their offer, these are the ingredients of collective negotiations.”

Ngige hinted that the government’s policy on ‘no work, no pay’ may stand, saying, “If you don’t work, you won’t eat. Labour provides the riches of any nation, as well as the prosperity of every family.”

The Minister also disclosed that the government was planning to convert one of the institutes under his ministry – Michael Imoudu Institute of Labour Studies located in Ilorin, Kwara State capital, to a degree-awarding institution.