THE RESOLVE, determination, precision and speed with which the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) took on Aliko Dangote, Africa’s richest man, frightened the ruling elites.
They clearly had written off the Nigerian working people and their ability to strike if necessary. The elites had come to the conclusion that the Nigerian people are conquered and can be trampled upon at will. The labour reaction which started with the resolve of the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) to stand up to the Dangote Plc and its attempts to trample the rights of workers into the dust, was also a warning to elites who seek to enslave the people. So, after being staggered, these elites are admonishing labour for setting a bad example.
Thirdly, Dangote’s claim that the workers were sacked due to internal reorganisation cannot hold water. What it claimed to have done is under our laws, called redundancy which is captured under Section 20 of the Labour Act. The law defines redundancy as an: “involuntary and permanent loss of employment caused by an excess of manpower” and sets out procedures and process which Dangote did not follow. Dangote had also charged the victims of its constitutional violations with sabotage. Even on this outlandish claim, it provided no evidence nor did it follow the legal procedures of query and the worker’s right to fair hearing.
Part of the strategy is what Taye Currency, the Ibadan musician would crone; that it is the lunatic you use to cure the insane, so send a former labour leader to rubbish these gains of the labour strike which within forty-eight hours, rescued over 800 workers from the jaws of an unrestrained employer who struts around as if he owns those hired to make profit for him; a throwback to the 18th century when a worker lost all rights just in order to get crumbs on his family table.
In this case, the person chosen to fire the first missiles at the working people is Senator Adams Oshiomhole, representing the good people of Edo North. He employed the sublimity of the hawkish employer who claims to be a worker himself, pretends to identify with the employee and even swears that the workers’ grievances are correct except that he should not have fought for them.
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So, Mr Oshiomhole begins by claiming to subscribe to the core issue of the conflict; the workers’ freedom of association. His specious arguments include that while there is freedom of association: “the problem with the freedom of association is that it also includes the freedom to refuse to associate with a particular association which is the way you balance it otherwise, it becomes something obligatory that you cannot contract out from; so the employer has his rights, the employee has his rights.”
When Mr Oshiomhole wept that PENGASSAN shutdown the oil sector, where else could an oil sector union on strike shutdown, the Oba Market or Kori Market? His argument that in: “seeking to protect a particular set of workers, you do not then risk the job of several other workers.” is the argument of an oppressor. The basic ideology in the trade unions is that ‘An injury to one, is an injury to all” or “One for all, all for one.”
This is a completely false narration; the employer has no right whatsoever in the employee’s freedom of association, only the worker has such a right. Secondly, our labour laws pointedly protect the right of the worker not to belong or, continue to belong to a trade union. The Trade Union Act says that all a worker is required to do, is write his union that he is opting out, and he is out. With that, his union dues can no longer be deducted and he can suffer no victimisation for refusing to belong to or, leaving a trade union. Therefore, do-gooders like Dangote and Oshiomhole, have no right whatsoever in this process.
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Dangote Plc had initially claimed the workers did not want to join the unions. But when confronted with the fact that the workers had voluntarily joined the unions, it sacked over 800 of them. When Mr Oshiomhole claimed he was not priced on the issues, he was not in sync with the truth. In any case, if he was not well-advised on the basic issues of the case, why come on air? Is he saying he was forced into the studios?
Thirdly, Dangote’s claim that the workers were sacked due to internal reorganisation cannot hold water. What it claimed to have done is under our laws, called redundancy which is captured under Section 20 of the Labour Act. The law defines redundancy as an: “involuntary and permanent loss of employment caused by an excess of manpower” and sets out procedures and process which Dangote did not follow. Dangote had also charged the victims of its constitutional violations with sabotage. Even on this outlandish claim, it provided no evidence nor did it follow the legal procedures of query and the worker’s right to fair hearing.
Then, Mr Oshiomhole claimed magisterially: “What I am not sure is right, is the ease with which PENGASSAN resorted into escalating the matter to a secondary level; what you call the secondary solidarity to a point of shutting down the oil sector. I think that in seeking to protect a particular set of workers, you do not then risk the job of several other workers.”
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In this claim, Oshiomhole exhibits his basic lack of knowledge on trade unionism. There are two basic principles in trade unionism; unity and solidarity. Unity is when members of a trade union unite for a basic purpose or particular struggle. This is what PENGASSAN did. On the other hand, solidarity is when a union calls for support or receives support from other unions. This had not happened by the time the strike was called off. If other forces in the movement like the Nigeria Labour Congress (NLC) had come to the aid of PENGASSAN as it threatened, that is when talk of solidary action could have come up.
I was shocked when Mr. Oshiomhole blamed the unions for allegedly not castigating the NNPC management over the non-functioning public refineries, when in truth, he and his fellow legislators have failed woefully to carry out simple oversight functions including over the NNPC. Maybe Nigerians should send Senator Oshiomhole and his fellow Distinguished home for lack of productivity.
When Mr Oshiomhole wept that PENGASSAN shutdown the oil sector, where else could an oil sector union on strike shutdown, the Oba Market or Kori Market?
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His argument that in: “seeking to protect a particular set of workers, you do not then risk the job of several other workers.” is the argument of an oppressor. The basic ideology in the trade unions is that ‘An injury to one, is an injury to all” or “One for all, all for one.”
Contrary to the false gospel of Mr Oshiomhole, our glorious leaders in the Labour Movement like Comrades Michael Imoudu, Wahab Goodluck, Gogo Chu Nzeribe, Hassan Sunmonu and Raji Abdallah, taught us to follow the parable of Jesus Christ about a shepherd who leaves his 99 sheep to find the one that is lost. And upon finding it, he rejoices (Mathew 18:12-14). Nigerian workers and labour leaders rejoice that the sacked staff of Dangote are back to work. But, I caution that the defeated faction of the ruling elites will fight back including initiating bills to curb workers’ rights.
I do not know how many Nigerians were scandalised by a Nigerian Senator arguing that when a business is new, the constitutional and fundamental human rights of Nigerians especially that to freedom of association, should be suspended for years, allegedly to allow the employer first make profits.
I was shocked when Mr. Oshiomhole blamed the unions for allegedly not castigating the NNPC management over the non-functioning public refineries, when in truth, he and his fellow legislators have failed woefully to carry out simple oversight functions including over the NNPC. Maybe Nigerians should send Senator Oshiomhole and his fellow Distinguished home for lack of productivity.
