By Victor Ahiuma-Young

THE Federal Government has advised workers to engage social dialogue in resolving industrial disputes as resorting to self-help is counterproductive.

Specifically, the government told workers of the National Population Commission, Lottery Commission and parastatals in the Federal Ministry of Science and Technology that engaging self-help such as lock-out of duly appointed officers and picketing are unconstitutional and an effrontery to the constitutional powers of the President who made such appointments.

The government spoke through the Minister of Labour and Employment, Sen. Chris Ngige while reacting to the recent spates of trade disputes between workers and their managements especially in the public service of the Ffederation regarding issues of appointments, promotions, administrative postings, and discipline.

In a statement personally signed by the Minister, he said the Federal Government wished to use this medium to re-apprise employees of government and their respective trade unions that by virtue of the provisions of Section 130(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Mr. President is the Head of State and Chief Executive of the Federation.

According to the statement, “Section 169 of this same Constitution created the Public! Civil Service of the Federation, while Section 170 allowed Mr. President to delegate functions to any member of the Civil /Public Service, and Section171 gave him powers to appoint persons to hold offices in the actualization of the contents of the two previous sections.

“Therefore, the recent trade disputes in government Ministries, Departments and Agencies (MDAs) where workers have embarked on illegal lockouts of officers duly  appointed by Mr. President as it happened in the National Population Commission (NPC), and the picketing in some agencies and ministries, are clear violations of the constitutional powers of Mr. President as Chief Executive and Appointing Authority.”

“The same goes for establishments where workers have threatened forceful ejection, removal of Chief Executives and Permanent Secretaries over promotion, discipline, administrative postings, and even lawful employment of staff. Section 40 of the 1999 Constitution, permits persons to assemble freely and associate with other persons to the extent of forming Trade Unions or Political Parties. Hence, Trade Unions are creations of the Constitution which also permits workers who do NOT want to belong to Unions to exercise that right – Freedom of Association – while their employers also enjoy theirs too as Employers’ Associations. These rights extend to workers and employers in the Public and Private Sectors.”

“Accordingly, an employer cannot dictate to workers how to run their Trade Unions, while the workers/Trade Unions have no right to blackmail or arm twist their employers on who to appoint, employ or when to appoint or employ. To so do, would go against the fundamental principles and rights at work enunciated by the International Labour Organisation (ILO). Such illicit industrial actions will not be condoned by the Government.