By Victor Ahiuma-Young & Johnbosco Agbakwuru

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.

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.

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.

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 Association 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.”