By Fatai Abiodun
It’s a fact that States have split over the agreement the Federal Government reached with the Nigeria Labour Congress, NLC, and Trade Union Congress, TUC, to pay N35,000 wage award to federal workers to cushion the effect of petrol subsidy removal.
While some states maintained that they would align with the Federal Government’s N35,000 wage award for its workers, others said they had already started paying their workers N10,000, even before the Federal Government award, and would therefore, not be bound by the central government’s move.
It’s lucid to state that the agreement and resolutions reached between the Federal Government, NLC and TUC are not completely achievable if we must tell ourselves the truth within the 30-day window stated by the terms of the agreement. While I don’t want to rush to the conclusion, it’s important to inform the NLC and TUC that it’s not yet uhuru, they should gather their arsenals and prepare for the next round of agitation because the Tinubu’s government has not shown zenith commitment to the plight of the labour unions.
On whether the claim by the state leaders of the labour unions can compel state governors to pay a wage increment of N35,000 to the workers under the state civil service is valid? The answer is NO.
Generally, the doctrine of privity of contract stipulates that it is only parties to a contract that have the right to sue and be sued to enforce the rights and obligations arising from the contract. This means that the decision of the state’s branch of NLC and TUC to drag State governors who are not signatories to the agreement reached between the Federal Government and Labour Unions is not lawful and cannot get the endorsement of any court of competent jurisdiction.
It’s important to educate the Labour Unions that the state government were not part of the committee that signed the agreement with the labour leaders and they did not send any written endorsement to commit their states to the terms of the agreement reached by the FG and the labour leaders, therefore, holding them accountable by the state branch of the NLC and TUC that they must pay every state workers N35,000 wage increment cannot hold water.
The Labour leader would have asked their respective state branches to hold separate agreements with their respective state governors as a condition before the strike could be called off generally. With this singular idea, the NLC and TUC would have used the innovation to commit the state government to the wage award and its enforcement would be enforceable in a court of competent jurisdiction.
It’s important to educate the Labour leaders that the issue of wages is on the exclusive list that must be decided by a bill to the National Assembly and in doing that, the FG must carry the state governments along to agree on a certain percentage for easy implementation. The amount of N35k announced by the FG to the Federal Civil Servants is not a minimum wage increment but a means of palliative to cushion the effect of the subsidy removal on the civil servant.
Until a new minimum wage law is enacted by the National Assembly, the state branches of the NLC and TUC cannot hold the state governors liable to enforce any wage increment agreement. I will advise the state branches of the NLC and TUC to liaise with their respective state governors and reach an amicable and implementable resolution on how best the state governments can ameliorate the suffering of the civil servants under their payroll.
Fatai Abiodun writes from Abuja
albarka200709@yahoo.com
