On 1st January, 2012, the Federal Government of Nigeria increased the pump price of petrol from N65 to N138 or more. On 9th January, 2012, the Nigerian Labour Congress, Trade Union Congress, Civil Society Organisations under different aegis, Professional Bodies like the Nigerian Bar Association, Nigerian Medical Association and some others, embarked on a nation wide strike, protests and demonstrations across the States of the Federation of Nigeria in reaction against the fuel price increase by the Federal Government of Nigeria.

The NLC, TUC and Civil Society Organizations claim to have the constitutional right to embark on the strike, protests and demonstrations against the fuel price hike.

Prior to Monday 9th January, 2012, on Friday 6th January, 2012, the Federal Government through its Attorney General and Minister for Justice filed and obtained an Order of Interim Injunction at the National Industrial Court sitting in Abuja restraining the NLC, TUC and their agents from embarking on the planned strike in the interest of peace, national security and stability of the country. The NLC and Civil Society Groups however “rejected” the Injunction and vowed not to obey same describing it as a black market injunction.

I submit that petrol, being a mineral oil, the entire property therein and the control and management of same are vested in the Government of the Federation of Nigeria and such property, control and management are constitutional fundamental rights of the Government of the Federation: See Sections 5 and 44[3] of Nigeria’s Constitution.

I submit that it is the constitutional right of the Federal Government of Nigeria as democratically constituted under the provisions of the Nigerian Constitution and Electoral Act to govern Nigeria: See Sections 1[1] and [2], 5, 14[1] and [2] of the Constitution; Sections 69 and 140[3] of the Electoral Act 2010. I submit that it is also the constitutional right of the President of Nigeria to rule Nigeria by formulating and implementing policies and programmes on any sector of the Economy particularly on aspects of the Economy like mineral oils over which the Federal Government has exclusive vested constitutional rights: See Sections 5, 16, 44[3], 130[1] and [2] of the Constitution.

I submit that it is a fundamental objective and directive principle of State Policy as well as a constitutional right and responsibility incumbent on the Nigerian President as Head of State and Chief Executive Officer of the Federation of Nigeria to implement the Economic Objectives of the Nigerian State as enshrined in Section 16 of the Constitution

within the context of the ideals and objectives for which provisions are made in the Constitution. See NEW PATRIOTIC PARTY VS. ATTORNEY GENERAL (2000) WRN 142 AT 160

I submit that it is a fundamental responsibility of the Federal Government to promote and run an efficient, dynamic and self-reliant Economy: See Section 16[1][a] of the Constitution. To that end, the  Federal Government shall direct its Economic Policy towards ensuring the promotion of a planned and balanced economic development of the nation: See Section 16[2][a] of the Constitution; and that the material resources of the nation are harnessed and distributed as best as possible to serve the common good; that the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a  group: See Section 16[1][a] and [2][a] and [b] of  the Constitution.

I submit that under and by virtue of Sections 130[1] and [2] of the Constitution, the Nigerian Presidency is a trinity. The President functions as Head of State, as Chief Executive and as Commander in Chief of the Armed Forces of the Federation. As Head of State, his duty is to implement, uphold and defend the provisions of the Constitution including the provisions on the Economic Objectives of the Nigerian State under Section 16 of the Constitution: See Section 5 of the Constitution and the Oath of Allegiance and Oath of Office of the President in the Seventh Schedule to the Constitution.

As Chief Executive Officer of the Federation, his duty, like any chief executive officer of any company, is to manage the Nigerian Economy as a prudent businessman running a profit-oriented enterprise with a resultant budget or balance sheet of profits or surplus and not losses or deficit at the end of the financial year thereby promoting national prosperity: See Sections 5 and 16[1][a] of the Constitution; NEW PATROITIC PARTY V GHANA BROADCASTING CORPORATION [2000] 20 WRN 163 AT 185, where Aikins,  Justice of the Supreme Court of Ghana said:

Good budget is the lifeblood of the economy of a country, and in a third world country like ours a good budget will lead to successful investment growth that will in turn buttress its infrastructure in good linkage between the local businessman and his foreign counterpart. A good economic climate will encourage the business entrepreneurs both local and foreign to structure their combined skills for the benefit of the common man at the grass roots. That is the reason why the budget must be subject to scrutiny by both the party in power and those in opposition.

As Commander in Chief of the Armed Forces, his duty is to ensure the internal and external defence and security of the nation as the Chief Security Officer of the Federation: See Section 14[2][b] of the Constitution.

I submit that in exercising or performing his constitutional duty of implementing the Economic Objectives of the State as contained in the Constitution, it is part of the right or duty of the President or Government of the Federation to make right or wrong; popular or unpopular economic policies as part of his general right or duty of governance of the Federation or State.

For NLC, TUC, Civil Society Groups and Professional Bodies to call out the Nigerian People on Strike, protest and demonstration,  as they have done on account of a perceived harsh economic or fiscal policy is a challenge to and a violation of the constitutional fundamental right of governance of the State by the President and Government of the Federation as granted to the President or the Government of the Federation by Sections 1[2], 4, 5, 14[2], 44[3], 130[1] and [2] of the Constitution: See Sections 1 and 46 of the Constitution.

I submit that by Section 14[2][a] of the Constitution, sovereignty belongs to the Nigerian People: See MOREBISHE V. LAGOS STATE HOUSE OF ASSEMBLY [2000] 3 WRN 134 AT 150. NLC, TUC, Civil or Professional Societies are not the entirety of the Nigerian People. They are not even representatives of the Nigerian People. NLC, TUC, Civil or Professional Societies are merely representatives of their members. There is a greater percentage of Nigerians who are not members of these bodies.

By constitutional mandate, under Constitutional Law and Democracy, the representatives of the Nigerian People are the elected governors of the 36 States of the Federation, the President of the Federation and the members of the States and National Assemblies for a fixed period of four years at the first instance: See Sections 4, 5, 64, 105, 134[2], 135[2], 179[2] and 180[2] of the Constitution, Sections 69 and 140[3] of the Electoral Act 2010.

By Austin Osarenkhoe ESQ

08035302022; 08053311022

The Nigerian People at the last general elections in exercise of their sovereignty constituted these elected representatives into the Government of the Federation and delegated their right of governance to these representatives vesting upon them the powers and authority of the State: See Sections 4, 5 and 14[2][a] of the Constitution; MOREBISHE V. LAGOS STATE HOUSE OF ASSEMBLY, SUPRA.

I submit that the Nigerian People cannot until the expiration of four years withdraw that mandate. The only rights the Nigerian People can exercise where they feel aggrieved by policies or actions of Government they consider not in their best interests are the rights of recall, impeachment and non-reelection in next general elections: See Sections 69, 110, 143, 188, 135 and 180 of the Constitution. In the interim, what the people could do is to criticize and make the Government unpopular and look or hope on opposition political parties or politicians who may promise them better policies to unseat the government in next general elections. For example, the current federal government has fixed N138 as the pump price for petrol as part of its economic policy and the people are aggrieved. In 2015 general election, the pump price of petrol could be made an electioneering issue by an opposition political party which may criticize such policy and promise to sell a litre of petrol for N40. The electorates may on the basis of that vote out the current government and enthrone an alternative government. That is how a democracy is run.

NLC, TUC, Civil Society Groups or Professional Bodies are not opposition political parties. They are not alternative governments. They are not governments in waiting. They are pressure groups. They could criticize. They could align and mobilize to vote out an unpopular government in next general election. Except it is a trade or industrial dispute between the affiliate workers of NLC and the government over wages, salaries, allowances, conditions of work, they cannot and ought not to go on strike. They have no right to embark on a strike over economic or political policies of government no matter how unpopular such policies might be which cannot immediately or remotely be categorized as industrial relations matters.

The increase of petroleum pump price or removal of fuel subsidy is a fiscal or revenue generating matter and cannot by any stretch of imagination be said to be an industrial or trade dispute. If not an industrial or trade dispute, then it cannot form the basis for a strike: See Section 254C[1] of the Constitution as amended; Section 7 of the National Industrial Court Act 2006.

Some States in Nigeria have astronomically increased taxes as a means of internally generating revenue. Civil Societies, NLC, TUC, NBA, NMA, etc., have not occupied the streets in those States in strike, protests and demonstrations. Harsh as the fuel price increase might be, resort to lawlessness or licence as NLC and its did was not the best way to go about it.

The rights of freedoms of association and expression, canvassed by NLC, TUC, Civil Society Groups, etc., as basis for the strike do not empower them to violate the rights of freedom of movement and economic rights of persons who are not their members and the right of governance of the President and Government of the Federation. See Section 45[1][b] of the Constitution. Again, strike is not the prescribed remedy or relief for alleged violation of fundamental rights under the Constitution: See Section 46[1] of the Constitution. The assertion of their right, if any, must not lead to a violation of the rights of the Government of the Federation of Nigeria and other Nigerians. The President as a constituted authority has constitutional fundamental rights under the Constitution. The Federal Government as a juristic person also has constitutional fundamental rights under the Constitution which ought to be respected: See NEW PATRIOTIC PARTY VS. ATTORNEY GENERAL (2000) WRN 142 AT 156-157. .

The issue of mistrust of the government by the people to manage the accruing   petrol revenue prudently and accountably as a further basis for the rejection of the petrol price increase and for the strike is preposterous. The people already expressed their trust for the government in the April 2011general elections and cannot now be saying they have no trust in the same government to manage the economic and financial resources of the nation.The people would have to wait for the 2015 general elections to express their mistrust for the government or political party through their ballots by voting against the government or political party, not through treasonable rebellion on the streets.

By the strike, closure of economic activities, violation of freedom of movement of other citizens, occupation of the streets, making and taking contrary economic and political decisions, the NLC and their allies governed Nigeria and took over control of governance of Nigeria by means other than as provided by the Constitution in violation of Section 1[2] of the Constitution. This is treason. NLC is not a Government. NLC, TUC, Civil Societies and Professional Bodies are not elected by the Nigerian People under the Nigerian Constitution and Electoral Act.

What  NLC ought to have done was either to demand on behalf of its worker and affiliate members an enhanced salary regime and allowances as a necessary consequence to the fuel price increase policy of the Government under Section 16[2][d] of the Constitution thereby bringing it within the purview of a trade or industrial dispute with the Government as to precipitate a legal basis for a strike or file for an injunction in Court restraining the Government from implementing its fuel hike policy  on the ground of exceptional hardship of such policy on its members: See Section 251[1][r], 254C[1][c], 254D of the Constitution as amended. Or where already increased, for an Order setting aside the said increase under Section 251[1][r] of the Constitution.

In the premises, the strike embarked upon by NLC, TUC and their allies was a violation of the Constitution. The strike has also revealed the mortal death of virile opposition political parties and politicians. Hence, NLC, TUC, Civil Societies and Professional Bodies are now taking laws into their hands, violating the provisions of the Constitution and the constitutional rights of other citizens of Nigeria and committing treasonable felony. As a result, I hereby urge the National Assembly to enact a Law properly defining, streamlining and regulating the activities and operations of Civil Society Groups, NLC, TUC and other similar bodies that now see themselves as a Parallel Government.

The Nigerian Society is not a Jungle. It is run based on the Constitution, the Rule of Law and obedience of court orders. Civil Society Groups, NLC, TUC ETC., cannot become a law and a government unto themselves and be flagrantly disobeying court orders. A situation where Civil Society Groups now issue threats, warnings and ultimatums to the Federal Government of Nigeria over government executive, legislative and judicial policies to make Nigeria ungovernable or take over governance of Nigeria is a coup de tat against our Constitution. The participation of the people in their government through pressure groups must be in accordance with the provisions of the Constitution: See Section 14[2][c] of the Constitution. We must all defend our Constitution. Let us start now before we degenerate into a State of Anarchy.