GOVERNOR Nasir el-Rufai of Kaduna State has been asked to follow due process, particularly the principle of redundancy in carrying out the policy reform under his ‘Public Service Revitalisation and Renewal Programme.’
The governor’s reform policy has faced strong resistance from the state’s employees, led by the Nigeria Labour Congress (NLC) as a result of the massive sack of public service workers that the policy has engendered since its introduction.
Following the recent sack of over five thousand workers and a further plan to sack more, the NLC had called a five-day warning strike which started midnight of Sunday, May 16, 2021, and street protests the following morning, activities which paralysed the state’s economy.
The industrial actions were on Wednesday, May 19, 2021, ‘apprehended’ by the Minister of Labour and Employment, Senator Chris Ngige, who summoned both parties for negotiation of the dispute, which held on Thursday, May 20, 2021 at the Ministry in Abuja.
At the end of the meeting, the Kaduna State government, led by the state’s Head of Service, Bariatu Yusuf Mohammed, and NLC, led by Comrade Ayuba Wabba, signed a Memorandum of Understanding (MoU) mediated by officials of the Federal Ministry of Labour and Employment.
In the MoU, it was agreed that the Kaduna State government should follow due process and the “principle of redundancy,” as stipulated in Section 20 of the Labour Act, in its reform of the civil service.
On the part of labour, the NLC agreed to henceforth suspend further industrial action, with the Kaduna State government agreeing not to victimise any worker on account of his or her participation in the industrial action.
Parties also agreed to set up a 10-man Bi-partite Committee, made up of six representatives from Kaduna State government and three officials of the NLC. The Committee, the MoU stated, will further engage on how to consummate the agreements arrived at the conciliatory meeting to ensure that the state government strictly follow the principle of redundancy.
The MoU reads:
“Following the three (3) days industrial action embarked upon by the Nigeria Labour Congress (NLC) on the 17th of May, 2021 in Kaduna State, the Federal Government through the Federal Ministry of Labour and Employment apprehended the industrial dispute by holding an emergency conciliation meeting between the Kaduna State Government (KDSG) and NLC to deliberate on the following contentious issues as alleged by the NLC.
“(1). Retrenchment of workers by the Kaduna State Government; (2) Compulsory Retirement of workers on Grade Level 14 and above; (3) Compulsory Retirement of workers who have attained the age of 50 years irrespective of their Grade Levels; (4) Reduction of the staff strength of Local Government to 50 in each of the 23 Local Government Areas (LGAs); (5) and Casualization of workers on Grade Level 1-6.
“2. After an exhaustive deliberation of all the issues above at the meeting, where the officials of Kaduna State Government debunked all the five (5) issues listed above and ascribed them to political opponents of the State Government. They also said they were only trying to implement the Kaduna State Government Public Service Revitalization and Renewal Programme approved by the State Executive Council since 2016.
“The NLC also explained their position that they got into the dispute following reports by their Kaduna State affiliate Unions and Negotiating Councils.
“The meeting thereafter reached the following resolutions:
“RESOLUTIONS
“A. The meeting agreed that all the listed issues fall within the ambit of redundancy therefore, it was resolved that the principle of redundancy as stated in section 20 of Labour Act, Cap L 1 Laws of the Federation of Nigeria (LFN) should apply.
“B. The meeting also recognized that the current impasse was caused by communication gap between the State Government and NLC occasioned by both the local chapter and even the Kaduna State Government Officials.
“C. In view of the foregoing, the meeting resolved:
“I. To constitute a 10-man Bi-partite Committee comprising six representatives of State Government and three officials of the NLC to engage further with the objective of reverting with a work plan on how to integrate the provision of section 20 of the Labour Act CAP L1 LFN 2004 to resolve the impasse between the State Government and the NLC.
“II. The meeting also resolved that the Committee should have as Chairman, the Head of Service of the Kaduna State Government and assisted by a Deputy National President of the NLC. The Committee is expected to revert with the work plan for peaceful resolution of all issues in contention to the Honourable Minister of Labour and Employment by Tuesday 25th May, 2021.
“III. The work plan is to itemize the structure and sub-structure in the State and Local Government of their activities, time of commencement and envisaged final tenure of the Committee or make recommendations if in its wisdom it thinks the Committee should be a Permanent Standing Committee.”
“D. In conclusion, it was agreed that there shall be no further industrial action on these issues and no worker shall be victimized on account of his or her participation in the industrial action.”
The MoU was signed by Bariatu Yusuf Mohammed, Head of Service; Ja’afaru Ibrahim Sani, Commissioner for Local Government, for Kaduna State government; while Comrade Ayuba Wabba, President; and Comrade Najeem Usman, Deputy President signed on behalf of NLC. Mrs Omoabie U. Akpan, Director of Trade Union Services and Industrial Relations, and Muoneke Aloy, Director Finance and Accounts, signed on behalf of the Ministry of Labour and Employment.
Provisions of Section 20 of the Labour Act CAP L1 LFN 2004
Section 20 of the Labour Act, which will guide the work of the Bi-Partite Committee, provides as follows:
“20. (1) In the event of redundancy-
“(a) the employer shall inform the trade union or workers’ representative concerned of the reasons for and the extent of the anticipated redundancy;
“(b) the principle of “last in, first out” shall be adopted in the discharge of the particular category of workers affected, subject to all factors of relative merit, including skill, ability and reliability; and
“(c) the employer shall use his best endeavours to negotiate redundancy payments to any discharged workers who are not protected by regulations made under subsection (2) of this section.
“(2) The Minister may make regulations providing, generally or in particular cases, for the compulsory payment of redundancy allowances on the termination of a worker’s employment because of his redundancy.
“(3) In this section “redundancy” means an involuntary and permanent loss of employment caused by an excess of manpower.”
