FG’s Latest Desperate Measure against ASUU

Last week’s registration of the Congress of Nigerian University Academics and the Nigerian Association of Medical and Dental Academics by the federal government is perceived as an ill-informed effort to ultimately hobble the Academic Staff Union of Universities, writes Louis Achi

Last week, the federal government, locked in an eight-month long industrial dispute with the Academic Staff Union of Universities (ASUU), registered two new ‘breakaway’ academic unions: the Congress of Nigerian University Academics (CONUA) and Nigerian Association of Medical and Dental Academics (NAMDA).

This development is widely seen as another attempt by the federal government to clip the wings of ASUU. The Minister of Labour and Employment, Dr. Chris Ngige, who presented the certificates to the two unions told journalists that the new bodies would operate alongside ASUU.

CONUA is led by its National Coordinator, ‘Niyi Sunmonu, a lecturer at the Obafemi Awolowo University (OAU), Ile-Ife. Notwithstanding that the body currently enjoys peripheral presence in few universities across the country, it is perceived as a strategic move by the government to break the ranks of the striking lecturers and entice some of them to go back to the classrooms.

Previous efforts to coerce ASUU to end the protracted strike in the public universities, through various measures, including intimidation by the federal government and court action, have not broken the resolve of the members of the union. 

The lecturers’ body has been on strike since February 14 to press home its demands following the failure of the federal government to renegotiate the agreement it signed with the union in 2009, which provides for the adequate funding of the system, replacement of the Integrated Personnel Payroll Information System (IPPIS), with the UTAS, as the payment platform in the universities, among others.

According to the miffed lecturers, IPPIS has never worked in any university system anywhere. They also maintain that the system shuts the doors against foreign scholars, contract officers and researchers needed to be poached from existing universities to stabilise the new ones.

On its part, the federal government insists the payment model is for transparency and not intended to violate university autonomy. Notwithstanding a ruling by the National Industrial Court on September 21, 2022 ordering the university lecturers to return to the classroom, ASUU remains adamant and went on appeal.

Last Friday, the Court of Appeal in Abuja added to ASUU woes when it ordered the lecturers to call off the strike. Ruling on ASUU’s appeal, the appellate court said ASUU should obey the order of the National Industrial Court which directed the suspension of the strike before seeking to appeal the judgment.

While the registration of the two new academic unions triggered angry reactions from the relevant stakeholders, ASUU had filed an appeal against the court ruling.

According to the presidential candidate of the Labour Party (LP), Mr. Peter Obi, only leaders not abreast with the true meaning of development would neglect the educational sector in the manner being experienced in Nigeria over the years. He warned that the country was heading to its doom given the manner teachers – the engine room of knowledge, are being mistreated.

He particularly cited the case of ASUU, as a strong evidence of the parlous situation in the nation’s education sector. Describing the situation where Nigeria’s education continued to suffer untold neglect from the government, he said the lingering strike action by ASUU, was the product of bad governance in the country.

His words: “It remains unimaginable that after eight months of industrial action by the ASUU, the federal government is yet to find a lasting solution to the issue which has lingered over the years. How can we achieve a truly progressive nation with education and teachers’ welfare continually relegated to the background?” he queried.

Obi, who conveyed this sentiments in his message to mark the World Teachers Day 2022, explained that teachers formed a critical and indispensable part of educational development in the nation, adding that they deserved commendation and encouragement for their role in driving national development and progress.

In its initial reaction to the creation of two new rival entities, ASUU said the registrations were inconsequential and does not pose any threat to their union’s existence. Its National President, Prof. Emmanuel Osodeke, said: “That does not in any way affect us. We are a disciplined and focused union and we know what we are doing and what we are after. Let them register as many unions as they like. That is inconsequential as far as we are concerned. We are not also in any way threatened.

“We know our members; we know our strength and we also know what our vision and mission are. Our members are not saboteurs or bootlickers. Our struggle is for a better educational system in the country. If the system is good, all of us will benefit and it is not only ASUU members’ children and wards that are going to benefit from improved funding and the provision of better facilities in our institutions.”

In his further reaction, Osodeke dismissed the Presidency’s allegation that ASUU members are complicit in the corrupt practices in the university system.  “As a union, we have been championing transparency and accountability in the university system. That is why we are calling for the adoption of the University Transparency and Accountability Solution (UTAS), as the payment platform in the university system. Those indicted for misappropriating over N100 billion through their IPPIS, are they our members?” he queried.

Meanwhile, the National Coordinator of CONUA, Dr. Niyi Sunmonu, described the registration as monumental and historic. 

“The hurdles we have faced to get here, since 2018 when we submitted our application for registration, have been seemingly insurmountable. The registration is therefore the validation of the power of the human will. It asserts the value of courage, initiative, focus, tenacity, patience, forbearance and persistent positive thinking,” he explained.

But human rights activist, Mr. Femi Falana (SAN), and lead counsel to ASUU described the newly-registered academic unions – CONUA and NAMDA as illegal.

Speaking on ARISE NEWS Channel, mid last week, Falana argued that, “under the current Labour Law regime in Nigeria, you cannot have two unions or three unions in the same sector.  In other words, within the academia in Nigeria, there can only be one registered trade union that is the Academic Staff Union of Universities (ASUU) registered pursuant to the Trade Union Act as amended.

“We are going to have a mushrooming of trade unions, which threaten industrial peace in the country. We cannot have two unions in the university nor can we have two unions in other unions in the country.  Politically it won’t work,” Falana argued.

Describing the registration as illegal and a desperate measure by the government to break the strike, Falana further said that “Government has tried various measures but the latest one is perhaps going to embarrass the government because it is an illegal exercise and won’t work. ASUU is today one of the most organised and united trade unions in Africa.”

But countering Falana, Alozie Nmerengwa, Principal Counsel at Abuja-based Dux Ducis Chambers, told THISDAY that the senior lawyer is an interested party, adding that his position was constitutionally flawed. According to Nmerengwa, “the Constitution guarantees freedom of association. It is trite in law that when a law, act, et cetera, contradicts the Constitution, the constitutional provision supersedes such law, act, et cetera. The learned Silk knows this. Moreover, it is within the powers of the Registrar of Trade Union to register any Union that meets the dictates of the Act, which with all due respect has been met, hence the registration.”

However, despite the divergent views on the registration of the two unions, the emerging consensus is that the engine room of the knowledge and human development cannot continue to be cavalierly mismanaged.

With the Court of Appeal ruling ordering the lecturers to immediately return to the classroom, it is unclear if the federal government has won battle its battle against ASUU.