ASUU, FG dispute: CONUA, NAMDA receive certificate to operate fully

By AKOR SYLVESTER-Abuja

The battle between the federal government and the Academic Staff Union of Universities (ASUU) over unresolved issues that often results to strike action, may soon come to an end, as the federal government yesterday completed the process of unbundling ASUU, by officially presenting certificate of registration to the recently inaugurated labour unions, Congress of University Academics (CONUA) and National Association of Medical and Dental Academics (NAMDA)  to begin operation ,

Gazettes as unions, and trade union laws to take off fully under the ambit of the law guiding trade union dispute act were also given to the unions

With the reception of the certificate, the unions are empowered to be having general assembly and elect their officials that would run the affairs of the unions.

Presenting the certificates to the unions, the minister of Labour and Employment, Chris Ngige urged them to always take the part of dialogue in any matter that concerns their welfare, and “not to behave like the Academic Staff Union of Universities ,(ASUU) by continuously embarking on strike”.

He said the reason why the issue between government and ASUU was yet to be fully resolved was that, ASUU’s demands and claims were bogus.

The minister further urged the unions to take rendering of account seriously for transparency purposes, while congratulating the unions.

The Minister gave indications that the Federal Government is working out modalities to CONUA and NAMDA members withheld salaries for the period ASUU strike lasted, as he said it would amount to injustice if they are victimised because they never partook in the industrial action in the first instance.

Ngige also noted that the alleged lack of democracy, transparency and failure to render proper account of check off dues by ASUU both to her members and the government culminated in grievances that spurred considerations for registration of CONUA and NAMDA.

He said the gazzetting and certificate presentation were in conformity with section 3:2 of the International Trade Union Convention.

Speaking, the President of CONUA, Niyi Sunmonu commended the minister for making possible for the unions to complete the process of registration to begin operation.

He said:” In CONUA, our primary purpose at all times has been to promote the welfare of our members,while being constantly conscious of the overriding national interest.

“”With this complete registration, we assure Nigerians that we shall embark on meaningful and realistic discussions and negotiations with the Federal Government and all other stakeholders on how we can get a better deal for University lecturers and indeed for better working of the entire system without necessarily rocking and sinking the boat.

“Hon Minister, ever since CONUA was registered, many Nigerian University Academics were liberated from the bondage of ASUU.

“There has been a breath of fresh air in the system, that is now ventilated with the freedom.

“Freedom of association and freedom of choice across the ideological divides. One important implication about the registration of additional academic unions by the Hon Minister, is that there may never be a total shutdown of our Universities again ever!”,.

Continuing, the union president said “Because the peculiarities of many academics in the system are different, the ideologies are also different hence the different unions would always approach things differently at all times. This is noteworthy.

“But, one issue that has been of concern to our members is that ASUU, through subterfuge, has illegally caused the check-off dues of CONUA members to be paid to ASUU for some months through the IPPIS office.

“This inappropriate remittance to ASUU was reflected on payslips of CONUA members for the affected months.

“The President of ASUU, Professor Emmanuel Osodeke, implicitly admitted this financial travesty which was perpetrated about three years after CONUA had been formed and members had expressly written to the appropriate authorities to stop remitting our check-off dues to ASUU. It is important to note that the stoppage was appropriately effected, before ASUU unethically manipulated the IPPIS office to resume the deduction.

“In this regard, Professor Osodeke was reported to have said as follows in a 22nd June, 2021 Punch piece titled “CONUA does not exist in trade union law, says ASUU”:

“…there is no union known as CONUA, …it is only one union that we have for academic staff of universities and that is ASUU. You have to indicate to be our member. For us in ASUU we have indicated those who are members of ASUU to the AGF and those whose check dues were deducted and remitted to us are members.

“Any other claim by any union is illegal; you do not build anything on illegality. If they have such union, they should write IPPIS to send the check off dues to them.”

Section 2(1) of the Trade Unions Act states as follows:

“A trade union shall not perform any act in furtherance of the purposes for which it has been formed unless it has been registered under this Act, provided that nothing in this subsection shall prevent a trade union from taking any steps (including the collection of subscriptions or dues) which may be necessary for the purpose of getting the union registered.”

The union president however said CONUA was recognised by law as a bonafide trade union right from the time it was formed in 2018, and it was entitled, since then, to collect the check-off dues of its members by and for itself, as it continued to pursue its registration with the Ministry of Labour and Employment.

“Moreover, Section 12(4) of the Trade Unions Act states as follows:

“An issue that is of even greater concern to the members of CONUA is the continued withholding of salaries of CONUA members in connection with the eight-month-long ASUU strike of 2022. Since CONUA neither declared nor joined the strike, it is unjust to withhold our members’

“Notwithstanding anything to the contrary in this Act, membership of a trade union by employees shall be voluntary and no employee shall be forced to join any trade union or be victimised for refusing to join or remain a member.”

He further said, “In contravention of this provision of the labour law, ASUU sought to force members of CONUA to rejoin ASUU by deceitfully getting the check-off dues from the salaries of the CONUA members to be paid to ASUU without the prior knowledge or consent of the CONUA members.

“Considering these facts, the ASUU President’s attempt to justify the illegal claim to CONUA members’ check-off dues is either a reflection of his insufficient familiarity with the labour law or an instance of outright wilful conduct.

“Neither of these options does credit to the head of a union of intellectuals. Be that as it may, we assure the membership of CONUA that we shall right the ASUU financial wrong.

“14th October 2009 sales in contravention of the following provision of Section 43(1b) of the Trade Disputes Act CAPTE

“where any employer locks out his workers, the workers shall be entitled to wages and any other applicable remuneration for the period of the lock-out and the period of the lock-out shall not prejudicially affect any rights of the workers being rights dependent on the continuity of period of employment.”

“In other words, there is no moral nor legal basis for the “No Work, No Pay policy to be applied to CONUA members, because we were only unable to perform our full duties due to the lock- out arising from the shutdown of the universities by university authorities who directed students to vacate the campuses”,.

He noted “even though we earlier put on notice that we shall go to any mile to seek legal redress on the payment of the withheld salaries, however, we note the salutary steps being taken recently by the FG to ensure justice for CONUA members with respect to the withheld salaries.

“In this regard, we would continue to appeal to the Honorable Minister to use the powers vested in him by the Section 43(2) of the Trade Dispute Act CAP.TS: “If any question should arise as to whether there has been a lock-out for the purpose of this section, the question shall on application to the Minister by the workers or their representatives be determined by the Minister whose decision shall be final

“While we implore the support and cooperation of the FG as we take off effectively, we assure that will not let this nation down as we shall diligently continue to perform our duties to our”, he maintained.