Latest Update On ASUU Strike: FG Considers Proscribing ASUU
Yesterday, there were hints that the Federal Government would consider proscribing the Academic Staff Union of Universities, ASUU, if it refuses to end the protracted strike despite being provided an offer to do so.
In accordance with the agreement reached during the renegotiation of the 2009 Agreement, the Federal Government has also approved an additional N100 billion for the university sector.
Additionally, it was agreed that the university-based unions could split N50 billion in earned allowances.
The Senior Staff Association of Nigerian Universities, SSANU, the Non-Academic Union of Education and Associated Institutions, NASU, and the National Association of Academic Technologists, NAAT, are the four university-based unions that have been fighting for the payment of earned allowances. ASUU calls its own Earned Academic Allowances.
Recall that on February 14, 2022, ASUU began a month-long warning strike, which it has continued to this day, while the other three unions, beginning with NAAT, stopped working in March.
The withholding of revitalization funds, earned allowances, challenges with the use of the Integrated Payroll and Personnel Information System, or IPPIS, to pay salaries, and the renegotiation of the 2009 Agreement are some of the contentious topics.
The non-teaching staff, particularly SSANU and NASU, have created their own payment platform, the University Peculiar Personnel, and Payroll System, or U3PS, while ASUU has insisted that its members be paid through its preferred platform, the University Transparency and Accountability Solution, or UTAS.
The National Information Technology Development Agency, or NITDA, received all three platforms and presented them to the government after putting them through integrity checks.
ASUU Adamant
ASUU has been adamant that the government must first pay its members the five months’ worth of unpaid wages before it will suspend the six-month strike, even though SSANU and NASU, acting through their umbrella organization, Joint Action Committee, JAC, signed an agreement on Saturday to suspend the strike on Wednesday for two months.
According to the Minister of Education, Mallam Adamu Adamu, there is no turning back from the Federal Government’s use of the “no work, no pay” policy for the striking public university employees.
Banning ASUU On The Cards
Multiple sources in the Presidency and the Ministry of Education told Vanguard that if ASUU refused to reciprocate the Federal Government’s gesture by calling off the strike, the government would consider the option of prescribing the union.
One of the sources who spoke on condition of anonymity said: “Because of the priority President Muhammadu Buhari has paid to education, he has approved an additional N100 billion for the universities and about N57 billion for the Polytechnics and Colleges of Education.
“This is part of the understanding with the unions on the re-negotiation of the 2009 Agreement. The government has also approved a 35 percent increase in salary for professors and a 23.5 percent increase for other lecturers. The government also approved N50 billion for earned allowances for the striking unions.
“It will be unpatrotic on the side of ASUU not to reciprocate the government gesture and call off the strike for our children to go back to school. The government is not also unmindful of the cooperation of SSANU and NASU for being patriotic.
“It is part of the labour laws that the unions, especially ASUU, should apply cessation of the strike once a trade dispute is apprehended and conciliation is ongoing.
“From available information, the Minister of Labour and Employment apprehended the strike on February 22, 2022, and subsequently held a conciliation meeting on that day with ASUU and on March 1, whereas, the disputes with SSANU and NASU were apprehended on May 3 by the Minister of Labour and Employment.
“Why should ASUU say that the Federal Government has done nothing? You should also recall that the President co-opted his Chief of Staff, Professor Ibrahim Gambari, and the Secretary to the government of the Federation, Mr. Boss Mustapha, to join in the negotiation to end the strike. Why are ASUU recalcitrant and daring everybody?”
Expressing disappointment that ASUU had allegedly not appreciated the government efforts, the sources said the federal government had many options before it, which include prescribing the union.
“The government has so many options if ASUU refuses to be patriotic. One of the options is the proscription of ASUU which is contained in the Trade Unions Act and even in the Trade Disputes Act.
“The President can proscribe an association whose action is inimical and constitute economic sabotage to a country. In the Trade Unions Act, the President can withdraw the certificate of any organization whose conduct is not in tandem with the terms for their registration.
“Also, Section 17 of the Trade Dispute Act permits the Minister of Labour to approach the National Industrial Court. CAP 78, laws of the Federal Republic of Nigeria 2004, to refer the matter to the National Industrial Court for adjudication to enforce the legality or otherwise of the ongoing prolonged strike by ASUU and to interpret in entirety the provision of Section 18 of the Trade Dispute Act as it applies to cessation of strike once a trade dispute is apprehended by the Minister of Labour and Employment and conciliation is ongoing.”
At the time of publication yesterday attempts to confirm the possibility of prescribing ASUU or taking it to the National Industrial Court if it fails to halt the strike after the claimed government offer from Senator Chris Ngige, the Minister of Labour and Employment, was fruitless.
NASU, SSANU Shelve Strike For 2 Months
Remember that the Joint Action Committee, JAC, of the Non-Academic Staff Union of NASU, and SSANU, had announced the suspension of strike on Saturday. The strike suspension will begin on Wednesday, August 24, 2022, and last for the first two months.
The strike was put on hold after negotiations between the two unions and a team from the Federal Government, led by the Minister of Education, Mallam Adamu Adamu, were concluded, according to a statement from the JAC’s spokesman, Prince Peters Adeyemi.
The two months, according to the statement, were given to the government to put the accords made into effect.
“Part of the agreement is the decision of the government to set aside the sum of N50 billion for the payment of earned academic and earned allowances, the cogent decision on the University Peculiar Personnel Payroll System (U3PS), release of the white paper on university visitation panel and funding of the universities.
“On the poor funding of federal institutions, the Minister said he directed the National Universities Commission, NUC, to ensure that all the schools are up-to-date on what they are supposed to do, otherwise sanctions will be visited on any institution that defaults.
“The Minister of Education also gave an assurance that no member of the unions that participated in the strike will be victimized.
“The Minister said President Muhammadu Buhari is committed to devote 15 per cent of the national budget to education.
“On the salary payment system, the Minister said the alternative payment systems provided by ASUU JAC of NASU and SSANU did very well. He added that the Federal Government is awaiting the report of the technical committee it set up before taking action on the matter.”
The JAC spokesman further said: “After a very prolonged negotiations and dialogue between the two unions and the Federal Government, led by the Minister of Education and after the meeting, the two unions decided to suspend the strike for the initial period of two months.
“When we presented the offers that the government made to our members, they think that since the majority of the issues that are in contention have been substantially addressed by the government, the strike should be suspended, effective this Wednesday, August 24, 2022.”
Similarly, SSANU in a statement signed by its President, Comrade Mohammed Ibrahim, said: “Nigerians would recall that the Joint Action Committee of NASU and SSANU embarked on a National Industrial Action on March 27, 2022.
“The National Industrial Action was for an initial two-week period, but owing to the nature of response which we considered almost non-existent, had to be renewed for another two weeks, leading to another one month and subsequently three months to allow concrete decisions to be taken on our demands.
“The purpose of the strike which entered its 146 days today was to drive home our demands.
Poor Funding, Governance Of State Universities
“In the course of the industrial action, we had engaged with various organs of government, including the Presidency, represented by the Chief of Staff to the President.
“We had also had meetings with the Minister of Labour and Employment, Minister of Education, and heads of various governmental agencies in order to ensure a speedy resolution of the impasse.
“As responsible unions, we have always guided ourselves with the principle that in collective bargaining, no party takes all and no party should lose all. We are not deluded in any winner-takes-all philosophy but consideration for what is best for our members, what is best for our Nigerian university system, and, indeed, what is best for the Nigerian nation.
“This strike would have been avoidable if both parties, the government and the union(s) had kept to their parts of the bargain. Unfortunately, the bane of industrial harmony in the university system has been the issue of not honouring agreements freely entered into.
‘Govt has committed to respecting agreements’
“Today, (Saturday) after series of engagements with the Minister of Education and having considered the issue that led to the strike, and having satisfied ourselves that government, this time around, has committed itself to agreeing to respect the agreements that have been reached at the meetings, we believe that it is only honourable that we give the government the benefit of the doubt, while the needful is being done at the government’s end.
“To this end, we hereby inform you of a two months window given to the government to actualize the agreements that have been reached. The two months window is in the nature of a ceasefire and does not represent a closure on the industrial action.
“It is our sincere prayer, given the assurance made by the Minister of Education and our commitment to ensure an end to the ongoing impasse, that the two months opportunity will suffice for actions to be taken and the entire matter laid to rest.
“We wish to thank all Nigerians, the Nigeria Labour Congress and affiliates, the media, and all stakeholders in the Nigerian educational system for their various roles so far and plead with them to continue to prevail on government to play its own side of the bargain in the interest of peace in our universities and Inter-university centres.
“In view of the above, NASU and SSANU members are hereby directed to resume duties on Wednesday, August 24, 2022.”
NAAT To Meet On Thursday
To decide whether to sign a deal with the government to stop the strike, the National Association of Academic Technologists, or NAAT, is anticipated to convene on Thursday.
“ After the meeting, we will be in a better position either to suspend the strike or to continue with it. Once the branches give the go-ahead, we will suspend the strike for three months.
“The referendum will be on the release of enabling circular for the Consolidated Salary Structure for Tertiary Institutions, CONTISS 14 and 15. The payment arrears of seven months of occupational hazard allowance for members and the payment of arrears of the minimum wage and the consequential adjustment of our members that were omitted in that payment.”
