“Direct the Minister of Labour and Employment, Chris Ngige, and the acting Accountant General of the Federation, Sylva Okolieaboh, to immediately reverse the apparently illegal deductions from the salaries of members of the Academic Staff Union of Universities (ASUU) for October 2022,” has been the request made to President Muhammadu Buhari by the Socio-Economic Rights and Accountability Project (SERAP).
He should “order Mr. Ngige and Mr. Okolieaboh to pay ASUU members full salary for the duration of their strike action,” according to SERAP.
ASUU members allegedly received half-salaries from the federal government for the month of October 2022. According to reports, several lecturers were paid between N71,000 and N121,000 in October.
“Paying half salaries to ASUU members solely for exercising their human rights is patently unlawful and incompatible with the Nigerian Constitution 1999 [as amended] and international standards,” the organization claimed in an open letter dated 5 November 2022 and signed by SERAP deputy director Kolawole Oluwadare.
The claimed salary deductions from ASUU members also constitute punishment for exercising their right to strike, according to SERAP.
The letter stated, in part, “The deductions are unlawful and excessive. The deductions could also be seen as a calculated effort to deny ASUU its right to strike and render it ineligible for further action.
“The right to strike implies that workers have the right not to suffer consequences for striking. Because they use their freedom to strike, ASUU members do not lose their pay.
“We appreciate it if the suggested actions are carried out within seven days of the letter’s receipt and/or publishing. If by then we have not heard from you, SERAP shall take all necessary legal procedures to compel your government to abide by our demands in the interest of the public.
“Illegal deductions from ASUU members’ salary may also breach their right to respect for their human dignity at work.”
The ASUU members’ right to a decent standard of living for themselves and their families, as well as the right to ongoing improvements in living conditions, is implicitly violated by the deductions.
Strikes are a crucial tool that workers and their organizations can use to advance their interests.
As stated in the Nigerian Constitution, ILO agreements, and human rights treaties to which the nation is a state party, “the right to strike is an integral aspect of the right of association recognized under these instruments.”
The ability to strike and the claim to full pay during strike days are crucial components of trade union rights, in fact.
“Paying ASUU members or any other employees half salaries solely for exercising their right to strike in a legal and peaceful manner constitutes an impermissible restriction on the right to freedom of association, including the right to strike, which is a fundamental component of the principle of collective bargaining,” the court ruled.
“Any supposed ‘no work, no pay’ provision would be obviously incongruous and incompatible with the Nigerian Constitution and international standards if applied to deduct from the salary of ASUU members.”
The foundation of contemporary industrial society is the right to strike. No society can be democratic if that right is not guaranteed. Any society that aspires to democracy must protect that right.
“The imposition of sanctions for strike action is not conducive to peaceful labor relations,” according to the ILO Committee on Freedom of Association.
“Member states, including Nigeria, are required to “ensure the effective and unrestricted exercise of trade union rights, including the right to strike by workers,” according to the International Labour Organization Resolution concerning the abolition of anti-trade union legislation in the states members.”
Another ILO resolution, “Resolution Concerning Trade Union Rights and their Relation to Civil Liberties,” urged several measures to be taken “with a view to securing full and universal respect for trade union rights, including the right to strike in their broadest sense.”
“Protecting core human rights, such as the right to strike, requires more than just States carrying out their legal responsibilities. Additionally, they want to establish long-lasting, democratic, and equal communities.
Freedom of organization, in particular the right to plan events to advance and defend workers’ interests, cannot be completely fulfilled without the protection of a right to strike.
Our requests are made in the interest of the general public, in accordance with Nigeria’s Constitution, and with the requirements of the African Charter on Human and Peoples’ Rights, the International Covenant on Economic, Social, and Cultural Rights, and other international agreements to which Nigeria is a party.
“SERAP observes that ASUU recently concluded its eight-month strike in response to interventions from the Court of Appeal, which affirmed a prior ruling from the National Industrial Court NIC,”
