Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

Case No 2267 (Nigeria) - Complaint date: 26-MAR-03 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 98. During its examination of the case at its June 2004 meeting [see 334th Report, paras. 658-660], the Committee had: (a) indicated that it expected the Government to ensure that the complaint concerning the 49 academic lecturers, including five trade union officials, dismissed for having exercised the right to strike was resolved by the competent labour institutions, including the National Industrial Court, in conformity with freedom of association principles, and to keep it informed rapidly of developments in this respect; and (b) requested the Government to ensure that the Academic Staff Union of Universities (ASUU) may recover its property and use its premises, and to keep it informed of developments in this respect.
2. 99. The ASUU thereafter sent additional information in communications dated 1 July, 9 and 11 August, and 20 September 2004 indicating that the award of the Industrial Arbitration Panel that handled the dispute between the Government and the ASUU concerning the dismissed lecturers was notified by the Federal Minister of Labour and Productivity on 31 March 2004 and on the same day, a notice of objection was given by the ASUU to the Minister. The ASUU states that as per section 13(1) of the Trade Disputes Act (Cap 432), 1990, if notice of objection to the award of an arbitration tribunal is given to the Minister within the time and in the manner specified in the notice under section 12(2) of the Act, the Minister shall forthwith refer the dispute to the National Industrial Court. However, instead of referring the dispute to the National Industrial Court in compliance with the law, the Minister, in a letter dated 2 August 2004, indicated that the matter was being referred back to the Industrial Arbitration Panel for reconsideration. The ASUU states that such referral is contrary to section 12(3) of the Act as per which Minister shall not exercise his powers under section 12(2) until the award has been reconsidered by the tribunal.
3. 100. In its communication of 27 August 2004, the Government indicated that the University neither denied the ASUU access to the secretariat nor took over the premises, as claimed. Instead, it was the former executive of the union under the chairmanship of Dr. Taiwo Oloruntoba-Oju that made way with the ASUU’s property and locked up the secretariat.
4. 101. The Committee takes note of the information provided by the Government. However, noting that no information has been provided by the Government in respect of the complaint concerning the 49 dismissed academic lecturers and noting that they were dismissed as far back as in May 2001, the Committee reiterates its previous recommendation that it firmly expects the Government to ensure that the complaint concerning the 49 academic lecturers, including five trade union officials, dismissed for having exercised the right to strike, is resolved by the competent labour institutions, including the National Industrial Court, in conformity with freedom of association principles and to keep it informed rapidly of developments in this respect.