By Victor Ahiuma-Young & Johnbosco Agbakwuru

…NLC has been operating illegally since 2005, says ULC
…It is a lie, NLC countered, says only ignorant people question its registration
THE Cold War between Nigeria Labour Congress, NLC, and United Labour Congress of Nigeria, ULC, since the latter’s inauguration on December 18, 2016 has not shown any sign of easing as each of the group takes every opportunity to cast aspersions on the other.

Minister of Labour and Employment, Dr Chris Ngige (third left) flanked by President of NLC Ayuba Wabba, President of ULC, Joe Ajaero and other labour leaders at this year’s 106th session of International Labour Conference, ILC, in Geneva, Switzerland.

Recall that last month few days to the commencement of a nationwide industrial action declared by ULC, NLC and its Trade Union Congress of Nigeria, TUC, at a briefing in Abuja, among others, asked Nigerians to ignore the group, insisting that ULC is illegal.

About a month after, the ULC is now questioning the legality of NLC and has petitioned the Minister of Labour and Employment, Senator Chris Ngige, seeking to know the status of the NLC.

In a petition dated October 10, 2017 and signed by Mr. Joe Ajaero, ULC’s President, the body claimed by virtue of Trade Union Amendment Act of 2005,  NLC has been operating illegally.

ULC in the petition titled “The Status of the    Nigeria Labour    Congress (NLC): Need    For Clarification”, it wrote that in view of evolving issues within the nation’s Industrial Relations space, it has    “become urgent that we seek from your Ministry, clarification on the status of the NLC. This has become crucial given the seeming confusion, which surrounds its status thus operations within the context of its history both practical and statutory.”

In over 17 point letter, ULC  demanded to know the status of NLC, saying “We wish to state as follows: “That the United Labour Congress, ULC, Labour  Unity Front, LUF, Nigeria  Trade Union  Congress   NTUC and Nigeria  Workers Council, NWC, were four prominent Labour Centres that were in existence and which were forcefully merged by fiat to give room for the emergence of the NLC by decree in 1978 as the sole Central Labour Organisation in Nigeria; That before this involuntary merger, the ULC was the only Trade Union Centre then recognized by the federal Government; That the Senior Staff Associations were not legally allowed to form a Labour Centre of their choice under this Law thus forcing them to form an amorphous body then known as Federation of Senior Staff Associations of Nigeria (FESSAN) which later became Senior Staff Consultative Associations of Nigeria, SESCAN and then the present TUC.

“That in 2005, the 1978 Act was amended creating room for plurality or multiplicity of Labour Centres in the Country; That this amendment in Section 30 amongst others, created room for the formation of Federation of Trade Unions in Nigeria; That the provision for the creation of Federation of Trade Unions abolished the right of the NLC as the sole Labour Centre in Nigeria; That the provision for the creation of a Federation of Trade Unions extinguished the NLC as the sole Trade Union Centre.

In the case of Nigerian Nurses Association & Anor vs. AG of Federation & Others, (1981) 1 FNR 55, the Nigerian Nurses Association had applied, apparently for the re-registration of their Union following the re-grouping of Trade unions under the new 1978 Trade Union Act as amended. The Registrar of Trade Unions refused their application. On appeal, the Supreme Court confirmed the decision that the formation of the National Assoc-iation of Nigerian Nurses and Midwives by the Trade Union Amendment Act 1978 and extinguished the Nigerian Nurses Association.

“That by analogy, the creation of the Federation of Trade Unions under the Trade Union Act, Laws of the Federation 2005, extinguished or abolished the NLC as the Sole Labour Centre in Nigeria; That if the NLC was never registered as a Federation of Trade Unions after the coming into force of the Trade Union Amendment Act 2005 then, the NLC has always existed as an illegal organisation or now exists as an illegal federation of Trade Unions; That NLC therefore needs to be re-registered as a Federation of Trade Unions to be able to operate within the new statutes;  “That you should remember that the TUC which was then (NTUC) and which was part of the original four Labour Centres that were forcefully subsumed under the present NLC sought re-registration and was accorded registration certificate 001;  That this singularly shows that the NLC was never registered or re-registered as an organisation of Trade Unions or Federation of Trade Unions thereafter;  That   is on record that since after the registration part of the TUC, no other Union has been registered as a Federation of Trade Unions in Nigeria.

“That it is also important that we recall the ruling of  Justice Roseline Ukeje on this matter which held that the NLC was not a body known to the Law within the context of the 2005 Trade Union Amendment Act; That is the only known and standing judgment concerning the legal status of the NLC and this has not been challenged.”

According to the petition, “ULC in line with the provisions of the Freedom of Information Act (FOI) makes the following request from your Ministry: That your Ministry provides us with the Registration number of the  NLC; That your Ministry provides us the Law under which the Registration was accorded the NLC;  That the Ministry also provides for us duplicates of the consent forms duly signed by the federating unions as the basis for such registration as voluntarism remains the basis for membership of unions both at Industry level and at the level of Federations.

“This is to lay to rest the various arguments and counter arguments currently renting the air over the status of the NLC. We want to state finally that if the NLC whose existence has been abrogated by the 2005 Trade Union Amendment Act is still being assumed to be legally registered then the ULC which was registered before being abrogated in 1978 should be accorded the same recognition.

“ULC on this premise above would kindly request the federal Ministry of Labour to cause the Registrar of Trade Unions to re-issue it with its original certificate of registration so that the present process of seeking registration will be brought to an end immediately.”

NLC President’s  response

Speaking with Vanguard on the registration status of NLC, its President, Ayuba Wabba, said: “Maybe, you need to do your investigation very well. Let me tell you, by the provision of sub-section 3, Section 34 of the Principal Act as amended in the 2005 Act, it clearly stated that NLC is duly registered and the provision is that any Centre or Trade Union that has been registered before the 2005 amendment, it is deemed to have been registered and therefore, their condition of registration stands valid, except pronounced by a court of law or forfeited through merger or amalga-mation. So what you have to do is to go and look at the law. We are not ignorant people, government is not ignorant, they read the provision of the law. For the fact that somebody is coming into existence does not take away the position of somebody that has been registered.

“It is clearly stated in the law, so go and refer to the law please. We are so informed to argue that issue. That is why we don’t argue it and journalists that are so informed don’t think that issue should be argued. I have quoted the law, so go and look at the 2005 Act. It stated clearly that any organisation including the NLC that is registered before the 2005 amendment, it stands registered except forfeited by law or amalgamated, so I think it is something that should not be over laboured. So, if people are ignorant, we are not ignorant. If we are illegal I think government would have taken advantage of that to say that we are not registered. So, I think it is just mischief and I don’t think mischief should find a place in our vocabulary this point in time. So, you must also investigate before you speak on the issue.”

Earlier letter  to Labour Ministry  

Meanwhile, efforts to get the view of the Ministry of Labour and Employment of the petition or the contentious issues have so far met a brick wall.

Officials of the ministry pleaded to be left out of the controversy.

In fact, earlier in March through a letter dated  March 28, Vanguard wrote to the Registrar of Trade Unions and copied the Permanent Secretary, seeking information on the registration status of NLC as a Labour Centre or federation, till date, RTU, has not responded to the letter.

The letter read in part; “following the recent inauguration of the United Labour Congress, ULC, as  a Labour Centre and the controversy surrounding the registration of Nigeria Labour Congress, NLC, as a Labour Centre, especially with the fact that Trade Union Congress of Nigeria, TUC’s registration number is 001, we have been inundated with enquiries from readers within and outside the country wanting to know the status of NLC and why TUC’s registration number is 001.

It added been requesting for “details of the registration status of NLC and its registration number taking cognizance of the Trade Union Amendment Act of 2005.”