Features: How torrents of strikes crippling the Nigeria’s economy
Nigerians woke up on Thursday April 1 to the reality that the public sector’ doctors have made good their threat to stage nationwide indefinite strike with medical service disrupted in all public hospitals. Many Nigerians, perhaps considered the news as one of the phony news of April Fool, as the doctors have chosen April 1 to launch their attack. But the doctors action was to go on for another 10 days with so much agony and sorrow as the doctors hung their stethoscopes while their patients lives ebbing away.
While Nigerians were yet to come to terms with the resident doctors industrial action, two unions in the education and judiciary sectors, the Academic Staff Union of Polytechnic (ASUP) and Judiciary Staff Union of Nigeria (JUSUN) launched their own strikes the same day last week Tuesday, April 6 to compel the Federal Government to meet their demands which include improved condition of services. The strikes have further compounded Nigeria’s labour sector crisis.
It would be an understatement that the strikes have caused unbearable pain to the cross section of the economy.
Another strike was averted in Kano last week Thursday when the Nigeria Labour Congress (NLC) suspended planned strike, protest in Kano over salary cut
The NLC has announced suspension of its earlier plans for a three-day warning strike over alleged plans by the Kano State government to revert to N18,000 minimum wage.
The National Deputy President of the Congress, Mr Najeem Yasin recalled that the State government had deducted the workers’ March salary.
According to him, the decision to suspend the strike and peaceful protest followed the agreement reached between the Kano State Government and the organised labour on Wednesday.
“The meeting was convened at the instance of Gov. Abdullahi Ganduje with the representatives of the National President of the NLC, Mr Ayuba Wabba and other labour officials.
“The state government revealed that it has no intention to go back to payment of the old N18,000 minimum wage as speculated, and reiterated its position to respect the agreement of N30,600 signed between the two parties in December 2019.
“We also agreed that the March deductions in workers’ salaries at state and Local Government levels should be refunded to workers along with the April or May salaries, depending on increase of FAAC allocation for the period,” he has said.
Doctors strike
Doctors suspended action
Though the doctors under the umbrella of the National Association of Resident Doctors (NARD) on Saturday suspended the strike action following a meeting with the federal government on Friday, millions of Nigerians who patronised public health institutions have suffered several irreparable lost.
NARD had embarked on an indefinite strike on April 1 to press home its demands over welfare, non-review of hazard allowance, salaries, among others.
It was also seeking immediate payment of all salaries owed to house officers, including March salary not paid before the end of business on March 31, 2021 and the abolishment of exorbitant bench fees being paid by members on outside postings in all training institutions across the country.
The association also demanded for upward review of the current hazard allowance to 50 per cent of consolidated basic salaries of all health workers and payment of outstanding COVID-19 inducement allowance, among others.
At the meeting, Nigerian Government has signed a new Memorandum of Action (MoA) with the striking National Association of Resident Doctors (NARD) to end the ongoing action.
The MoA was the second in a fortnight. The first one was signed on March 31, but was later rejected by the striking doctors, because doctors insisted that Government failed in some areas of agreement or implementation.
NARD’s President, Dr Okhuaihesuyi Uyilawa, after the meeting has promised to present the latest agreement before members with a view to calling off the strike.
According to the Minister of Labour and Employment, Senator Chris Ngige, the new MoA was signed after a conciliatory meeting between representatives of the Government and those of NARD.
Ngige noted that the Saturday’s meeting became necessary to amend the first MoA signed with the striking doctors.
He said that there were irregularities in the payment of salaries of House Officers, adding that while some got double payments, a few had not been paid.
“In view of this situation, a five-man committee was set up to harmonise the list of affected officers and they have 72 hours to produce a valid list.
“The list will be submitted to the Integrated Personnel and Payroll Information System through the Federal Ministry of Health,’’ Ngige added.
He stated that the health institutions affected by the non-payment of salary shortfalls between 2014 and 2016 and arrears arising from the consequential adjustment on the National Minimum Wage, had been directed to forward their personnel strength.
“This is to enable us to accommodate this in the 2021 supplementary budget,’’ the minister said.
He explained that the issue of Hazard Allowance was not peculiar to members of NARD but that it cut across the entire health system.
The minister noted that the presidential Committee on Salaries (PCS) would meet with the National Salaries, Incomes and Wages Commission on April 12 to examine the Hazard Allowance issue.
The minister added that the NMA, the Joint Health Sector Unions, NARD and other stakeholders would meet on April 14, 2021 with the PCS with their position papers on the issue.
ASUP’s strike
The strike by ASUP which commenced on Tuesday last week will enter its seven days today (Monday). So far it has disrupted ongoing examinations while students expressed frustration of having to be forced to return home.
ASUP demands include non-inauguration of governing council, non-release of NEEDS Assessment since 2014, establishment of National Polytechnics Commission, promotion arrears for 2018, 2019 and 2020, IPPIS (3rd parties deduction) not remitted, minimum wage for ten months, violation of the Polytechnics ACt 2019, outstanding salaries in state polytechnics and renegotiation of 2009 signed agreement.
President of ASUP, Mr Anderson Ezeibe, who spoke with Daily Sun at the weekend said the strike was ordered to address the sorry state of public polytechnics, monotechnics and the general decay in the sub-sector.
He listed other complaints to include non-release of the 10-month arrears of minimum wage owed members in federal polytechnics, non-implementation of minimum wage in several state-owned polytechnics, non-reconstitution of governing councils leading to disruption of administrative processes in polytechnics since May 2020 and victimisation of officials of the union in some state-owned polytechnics.
Last minute effort by the Federal Government to prevent the union from going ahead with the industrial action however hit the rock twice both on Tuesday and Thursday.
The ASUP President confirmed the meeting with the Federal Government through the Minister of Education, Malam Adamu Adamu, but said the union rejected pleas to suspend the strike because none of the issues in contention had been addressed by government.
Ezeibe said there has not been any meaningful negotiation with the government as government has further made things worst through appointment of unqualified personnel as rectors even while the strike was on.
“Government makes six appointees, five from universities which means they are not qualified. It is very difficult to negotiate with this Government. How can they appoint five out of the six rectors for the six new federal Polytechnics from universities, whereas we have an established agreement that rectors for Polytechnics must be chief lecturers from the polytechnic. Definitely those appointed are not qualified, hence the appointment must be reversed before we can sit at the table for any meaningful discussion with the Government even if they call for a meeting,” he said.
He said though one of the issues, which is the constitution of governing councils for Polytechnics had already been approved and would be inaugurated soon, he however lamented that neglect and violation of agreement have been at the centre of the crisis.
He said, “There’s a judgement delivered in March, Government should learn to respect agreement. For us to call off the strike, we have to see that the process of actualization of all our demands are in motion. We need to see the process in place.
“Those that has to do with funds, we must see the funds and Government must be seen to respect agreement.”
He said there has been full compliance from 92 states and federal polytechnics, noting that it’s unfortunate that government could owed the lectures 10 months arrears of minimum wage.
Ezeibe said the strike would continue until the union’s demands are met but reaffirmed the union’s commitment to dialogue with the Federal Government if the later showed sincerity.
JUSUN’s strike
Ahead of the commencement of its action on Tuesday April 6, JUSUN national leadership in a circular on April 1 had ordered the closure of courts from April 5th until government complies with the Nigerian Constitution, court judgments and other instruments which confer or re-emphasises the financial autonomy of the judiciary.
The union said at its last National Executive Meeting on March 13, in Abuja that it issued a 21-day ultimatum to government to implement the financial autonomy of the judiciary with a threat that “failure of which JUSUN will have no other option, but to resume the suspended national strike action.”
The circular signed by its General Secretary, Isaiah Adetola, directed all states and zonal heads of the union to comply with the strike.
The President, Judiciary Staff Union of Nigeria (JUSUN), Marwan Mustapha Adamu, has further explained the reasons behind the union decision to declare a nationwide strike and shut down all the courts across all the states of the federation and the FCT.
Marwan said the government, both at the federal and states level have failed to address their demands over the issue of financial autonomy for judiciary, especially at the state level, despite given repeated warning and ultimatum to that effect.
According to him, the government has taken them for a ride for a long time despite the fact that what they were fighting for is simply the implementation of constitutional provisions.
“Our struggle, and what we are fighting for, the implementation of financial autonomy of the Judiciary is in line with the constitution and other extant laws,” Marwan said.
A circular with Ref.no.JUSUN/NHQ/GEN/111/VOL.11/65 dated April 1st 2021, and signed by JUSUN General Secretary, Isaiah Adetola, has directed all members of JUSUN across the country to comply with the strike directive by the NEC of the union.
“I have been directed to refer to the communique issued at the end of the last National Executive Council (NEC) meeting of JUSUN on 13th March, 2021 in Abuja and particularly refer to paragraph 9 on 21 day ultimatum to government to implement the financial autonomy of the Judiciary, failure of which JUSUN will have no option but to resume the suspended national strike.
“Therefore, as a result of public holiday on 5th April, 2021, the strike has been postponed to Tuesday 6th April 2021,” the circular said.
Also, the communique earlier issued at the end of JUSUN NEC meeting had read: “NEC-in-session hereby issues a 21-day ultimatum to the government, effective from Monday 15th March, 2021 to implement the financial autonomy of the Judiciary, failure of which the Union has no option than to resume the suspended national strike action”.
The communique also read: “NEC-in-session frowns at the refusal of some states government to implement the payment of Peculiar Allowance due to the Judiciary workers and therefore calls for prompt implementation of same.
“NEC-in-session frowns at the anti-labour disposition of Ebonyi State Government and therefore demands for immediate payment of the withheld August, 2020 salary and release of check-off dues accruing to the Union.
“NEC-in-session condemns the proposed Bill No: HB: 1062 for the creation of State Judicial Council to alter the Constitution of the Federal Republic of Nigeria 1999 (as amended) and demand the withdrawal of same.
“NEC-in-session frowns at the current law by Kaduna State Government subjecting the Judiciary under the Executive Arm of Government and hereby demands such law be repealed immediately.”
However, the Chief Justice of Nigerian (CJN), Justice Ibrahim Tanko Muhammad, last week met with some national and local officials of JUSUN in his Supreme Court chamber to explore solutions and ways to mitigate impact of the ongoing strike in the Judiciary.
A statement by Malam Ahuraka Isah, Special Assistant to the CJN on media and publicity strategy indicated that the meeting lasted some minutes.
The CJN at the end asked the JUSUN to call off the strike while the process of making the state government to obey Order 10 and various court judgments on the autonomy of the Judiciary are being implemented.
“The unintended sufferers of this strike are better imagined than seen. It has spiral effects, including our children, the Federal Judiciary which is a lesser culprit.
“Ordinarily, I would say let me talk to individual 36 state governors, which amount to asking for their favours.
“But some of them would ask me to do ten favours in return. This is why as a judge I am prohibited from asking for favour,” the CJN has said.
The National Treasurer of JUSUN, Mr Jimoh Musa who led the delegation on behalf of the JUSUN President, Marwan Adamu said out of 19 members of the NEC, only three were present, hence the representatives have to table the CJN’s fatherly advice before the NEC meeting and consequently get back to the CJN.
But the General Secretary of the union, Isiah Adetola in an interview with Daily Sun insisted that all courts will continue to be totally shut until and unless government do the needful.
Adetola who said the union has not seen any positive action from government lamented that it has been a circular trend without any commitments from government, most especially the state governments.
He said, “The last strike we had was about four to five years ago, then government set up committe where JUSUN and parliamentary workers were represented upon that nothing happened.
“We know the consequences of the strike, courts will not sit, lawyers will not do their work, prisoners will remain in prisons, but the strike is not for our personal benefits. We’ve had series of meetings, one with Government on Wednesday, it’s not dialogue that is important, but the action.
“We went to court in 2014 that government should make judiciary autonomous, 70 percent of irregularities in the judicial system would become history if the system is autonomous and doesn’t go cap in hands to the executive for funding.”
He explained that the union had met with the Nigeria Bar Association (NBA) on Wednesday, while the Ministry of Labour and Employment was just sending a letter of invitation by 5p.m on Friday for a meeting on Monday (today).
“We will go there. We gave them 21 days ultimatum and had 5 days in between before the strike commence and after the strike has been on for four days, the Ministry was just sending an invite,” he stated.
The National Treasurer of the union Jimoh Musa Alonge, also speaking on behalf of the President, Marwan Mustapha noted that up till this day, the union have not gotten what it wanted.
He said, “The issue at stake is Section 121 sub section 3 of the 1999 Constitution which most of the governors swore to uphold. They promised to uphold that section of the constitution but surprisingly they are not, which is impeachable offence.
“The section of that constitution says money meant for the Judiciary should be handed over to a head of courts in the various states. They have refused to do that and in that light, we went to Federal High Court to interprets that section of the constitution, we got a judgement in that matter and it has not been appealed against. Up till this moment we are talking, none of the governors has appealed against that judgement, so it is still subsisting.
“Even before then, we have been fighting this issue of the independence of the judiciary. It got to some extend that the Federal Government intervened, the Accountant General of the Federation intervened, there supposed to be deduction from source but some of the governors intervened and promised to do the needful in various state. We obliged them but to our dismay, 80 to 90 per cent of the governors are not doing what we expect of them.
“We complained to the President of the country, in a letter we sent to him, we avail him with all our problem, we documented it, sent it to him and graciously, the President listened to us and form a committee to look into the autonomy of judiciary in the country. The committee came up with a result so as the money meant for Judiciary should be given directly from the source. The President thereafter Came up with Order 10, to make sure it works so judiciary will keep up again in this country. But the governors came together and they are thwarting this efforts. That we cannot take anymore, if a constitutional provision is amended and an order is given by the President of this country, and some group of people come together and think they are tin-god, that they cannot respect the constitution, we would take the bull by the horn and fight for our right. The last result of a union’s patient is strike and that is what we have started and we are not going back until our demand is met.”
How Government contributed to elongation of doctors strike and others
As far as the resident doctors were concerned, government inability to address the issues and rather passing the buck contributed to the elongation of the strike. NARD’s president, Dr. Uyilawa Okhuaihesuyi, has on the sixth days of the strike said the Ministry of Labour and Employment has yet to invite them for dialogue. The same feelers coming from ASUP and JUSUN.
“We did not get any invite from the Ministry of Labour, so, we will continue till they call us. However, we have a scheduled meeting with Tanko Sununu, the Chairman, House of Representatives Committee on Healthcare Services on April 8,” NARD President had said.
He added that NARD was still waiting and hoping that government would respond appropriately, noting that it was desirous that the strike came to an end.
He said that the association would not shift grounds because that was why it delayed the strike and considered all options to ensure it was averted, but had to resort to the action as last resort.
Meanwhile, on several occasions, Dr. Ngige has often threatened to invoke the no-work-no-pay clause in a bid to compel the striking doctors and other unions to go back to work.
On the same day when the doctors were complaining, the Federal Government through the labour ministry was saying the National Association of Resident Doctors has lost all moral and legal grounds to continue its seven-day-old strike, urging them to call off the action.
The Minister of Labour and Employment, Chris Ngige, without any dialogue as the doctors have reported said the Federal Government has not only “substantially met the seven-point demand by NARD, it has also demonstrated transparency in their implementation.”
Government intervention
The Minister of Labour and Employment, Senator Chris Ngige at the initial stage of the doctors’ strike has said Federal Government has substantially met the demands of the National Association of Resident Doctors(NARD) and faulted the rejection of the Memorandum of Action signed Wednesday March 31, 2021 by the President of NARD, Dr. Uyilawa Okhuaihesuyi.
The Minister explained that some of the demands by NARD were made in error as some of the issues were already conciliated and implemented hundred percent adding that the outstanding issues which came up at the last conciliation, were timelined along a month life span of implementation and that “ they are still work in progress .”
According to him NARD made some of the demands in ignorance.
“They didn’t have the full picture. May be they wished for a strike or their president pushed them into strike so that his name will go into the annals of NARD as one of the tough presidents that has taken them on strike. That’s wrong,” he said.
The Minister faulted the unilateral repudiation of the Memorandum of Action by NARD’s President, describing it as unknown in labour negotiation.
Ngige has said that the NARD’s President didn’t participate in most of the discussions because he fell ill during the meeting and had to excuse himself, while the meeting with other officers lasted seven to eight hours.
He dismissed as untrue, allegation that doctors in the public health institutions across the country, were not insured and said the Federal Government spent 13.3 billion naira in 2020, on Group Life Insurance not just for doctors and health workers alone but also for all workers in the federal civil and public service.
He said, “This N13.3b was paid to thirteen insurance companies and brokerage firms to administer. And this is not the first time that NARD and teaching hospitals have been told to send in names and make claims for members who have lost their lives.
The Minister hence drew the attention of unions to the fact that unionization for the welfare of workers should not be only for the purpose of strike, rather, going the extra miles to exploit all opportunities provided by government for the welfare of the workforce.
Speaking on the Medical Residency Programme which is the major reason for fresh action by NARD, the Minister declared that the programme has been working hitch-free since it came up in 2019, saying that the House of Representatives had to do a supplementary appropriation to accommodate it in 2020 COVID-19 budget and the funds, fully released by the Federal Ministry of Finance.
In the same vein, the House of Representatives Committee on Healthcare Services on Friday before the meeting with the Ministry of Labour held a marathon meeting with the Federal Government and leadership of the Nigerian Association of Resident Doctors as well as other stakeholders over the nationwide strike by doctors.
After the closed-door meeting that lasted five hours, the committee and the Federal Ministry of Health pleaded with the doctors to suspend their industrial action in the interest of the poor masses who cannot afford health services in private facilities.
Chairman of the committee, Tanko Sununu, while briefing journalists after the meeting, disclosed that the Speaker, Femi Gbajabiamila, is to meet with the NARD on Tuesday in the efforts by the lawmakers to resolve the dispute between the government and the doctors.
Sununu said, “It is a very contentious issue and it took long because we tried to address the issues one by one and we came out with some resolutions. One of the resolutions is that as of today because there are so many infractions, we have decided to constitute three basic committees.
“One of the committees is to sort out the issue of House Officers and they are to commence work with immediate effect, and submit the authenticated list to the IPPIS (Integrated Personnel and Payroll Information System) office within 24 hours so that payment of those who have been omitted would be done with immediate effect.
“The other committee is to be headed by a director in the Ministry of Labour (Employment and Productivity), with membership from Ministry of Health, NARD, IPPIS, and Committee of CMDs (Chief Medical Directors) to look at all the infractions that were noticed, involving multiple payments and other issues; to also suggest punitive measures to be meted out on those who have acted wrongly. That would also have to commence work immediately and submit the report to the Federal Ministry of Health, to be copied to the committee for necessary actions to be taken.”
Sununu also said the committee resolved that the affected House Officers must be paid within the shortest possible time.
He said, “The NARD made it clear that in the last four months, the members of the association were wrongly paid to the tune of N308m and the money has been with the NARD. They have been following the necessary organs of the government to ensure that the money is paid back into the government treasury, but the account was not given to them.
“At this meeting, we resolved and the account was forwarded to the President of NARD for onward transmission to members so that the money would be paid back to the government account.”
The Permanent Secretary, Federal Ministry of Health, Abdulaziz Abdullahi, also said, “You have seen that we have had a very robust meeting and discussion for close to five hours today and he (Sununu) has given you the highlights of the discussion. The ministry is 100 per cent in alignment with the decisions reached.”
But for the doctors who have called for the suspension of their strike, as far as the two other unions are concerned, the body language of government did not show seriousness of a party that is in a hurry to proffer quick solution to their various contextual issues.
Organised Private Sector (OPS)’s views
Describing Industrial conflict as the discord that occurs when the goals, interest or values of different individuals or groups in an industrial setting are incompatible, the Nigeria Employers Consultative Association (NECA), an umbrella body for the private Employers in industrial relations said this conflict is inevitable but could be curtailed and managed in a win-win manner.
NECA who is the third party in the tripartite industrial resolution, which includes government and the union noted that there are several causes of strikes, such as: refusal of union recognition, unpopular and harsh public policies, structural-organisational causes, interpersonal and personal sources, failure of collective bargaining, failures by parties to respect the terms of their Agreements, etc.
The NECA Director General, Timothy Olawale however, said that strike incidence and propensity in Nigeria is alarming.
“Some recent strikes are by: the umbrella body of the judiciary workers- the Judiciary Staff Union of Nigeria (JUSUN), public sector doctors affiliated with the National Association of Resident Doctors (NARD), Lecturers in the nation’s Polytechnics and Monotechnics under the umbrella of the Academic Staff Union of Polytechnics (ASUP), etc,” he said.
He reasoned that incessant strikes are a reflection of the unhealthy nature and structure of industrial relations practices in the country, adding that there is, therefore, the need to revamp the structures of the nation’s industrial relations and conclude the review of Labour Laws in Nigeria.
He said, “There should be proactive and corrective mechanisms put in place. Proactive actions should be able to detect and prevent the possibility of an industrial conflict, and corrective actions should quickly resolve the conflict when it arises. One of such mechanisms is the institutionalisation of an effective National Labour Advisory Council (NLAC).
“There is the need for a legislation which will give legal backing to collective agreement. Such legislation would give statutory recognition to collective agreement, and make it enforceable within a legal framework on the parties – either the Unions or Employers (Private and Public Sectors). This will go a long way in containing the propensity to default in honouring collective agreement.
“There is the need for government, as an employer, to emulate the human resource management and employee relation strategies applicable in the private sector. This is because, strike propensity is very high and predominant in the public sector and infrequent in the private sector.”
Implications for the economy
On the implications of incessant strikes to the economy, the NECA Director General opined that the common consequences of industrial disputes are loss of production, income, employment, increase in inflation and cost of living, etc.
According to him, strikes has a lot of socio-economic effects on the development of Nigeria, stating that no matter the logics behind strike actions, there are always attendant socio-economic misfortunes.
“Economically, it obliterate the desired growth and development in the economy i.e. it hinders national productivity, and also scares away the needed foreign investment,” he said.
He stated further that human productivity is an important index in calculating national productivity, noting that this is because it is the human element that transforms all other resources toward achieving an increased national productivity.
However, the NECA boss said strikes instigate work stoppages, which result in man-days lost.
He said, “Thus, when labour productivity depreciates, in form of man-days lost, it automatically results to a reduction and loss in productivity which affects the nation’s Gross Domestic Product (GDP) as well as the Gross National Product (GNP).
“It affects investment in the Country. Foreign investors are scared away, and are not encouraged to invest in an environment of unstable industrial peace and harmony, where their return on investment will be distorted as a result of strikes.”
Another cost of strike, he averred is that it paints a bad image and casts a social stigma on both parties involved in the industrial conflict.
Strikes, he said especially frequent and prolonged ones, make the country to have a bad or negative judgment of the parties involved.
“For instance, ASUU has numerously been adjudged as a group of greedy, egoistic folks who are only after their selfish interest, owing to their frequent and often protracted strikes. On the other hand, their employers, the government, have been labelled a bunch of insensitive lots. It becomes obvious from the above background and analysis that strikes serve as a constraint towards the social development of Nigeria.
“We recommend that all stakeholders involved in industrial relations should adopt systematic and sustainable mechanisms – including collective bargaining towards arresting the embarrassing, incessant and recurring spate of strikes.”
Issues of agreement implementation over the years has been a problem a serious problem for Nigerian government. Stakeholders are of the opinion that if governments sign and don’t keep to the letter and spirit of the agreement, it leads to distrust and scepticism. The unions with which government interface have gradually come to the conclusion that government signs these agreements simply to fulfil all righteousness, hence for the image of the country, the employers in the public sector, which is the government may need to turn a new leaf.