The Nigeria Labour Congress (NLC) has criticised Tuesday’s ruling of the National Industrial Court ordering the suspension of the ongoing strike by workers of the Federal Capital Territory Administration (FCTA).
The labour union made its position known in a statement issued on Tuesday and signed by its Acting General Secretary, Benson Upah, following the court’s decision to halt the strike and adjourn the matter to 25 March.
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In the statement titled “FCT Workers: Let Not Your Hearts Be Broken,” the union said it was ‘dismayed’ by the decision of the court in the suit between the FCT minister and FCTA workers.
While acknowledging that court decisions may not satisfy all parties, Congress said it expected the court to ensure justice for both sides.
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“While we are acutely aware of the well-worn axiom that decisions of the court must not and cannot please all parties to a dispute, we are equally conscious of the fact that justice must be done to all parties in a dispute in varying degrees,” the union said.
It added that the ruling failed to address what it described as ongoing violations against FCTA workers by the administration.
Workers under the Joint Union Action Committee (JUAC) had embarked on an indefinite strike on 19 January, shutting down key administrative offices, including the FCTA Secretariat and the Federal Capital Development Authority (FCDA).
The strike followed the expiration of a seven-day ultimatum issued on 7 January, demanding that the FCTA management address long-standing labour and welfare grievances.
However, a ruling by the National Industrial Court earlier on Tuesday granted an interlocutory injunction restraining JUAC and its members from continuing the strike pending the hearing and determination of the originating summons.
Alleged violation of pension, NHF laws
In its statement, the union accused the FCTA of failing to remit deductions made from workers’ salaries, particularly under the National Housing Fund (NHF) and the pension scheme.
Citing the NHF Act, the union said that failure to remit deductions within one month constitutes an offence that attracts stiff penalties.
“Failure to remit National Housing Fund deductions in Nigeria within one month of deduction constitutes an offence, subjecting employers to stiff penalties, including N50,000 to N100 million in fines and potential imprisonment for directors or responsible officers.”
The union added that there are other penalties, including personal liabilities and jail terms ranging from one to five years.
NLC also referenced the Pension Reform Act 2014, which it said mandates employers to remit pension deductions within seven working days after salary payment.
“A default attracts a minimum of two per cent of the total outstanding amount for each month the default continues. The penalty of 24 per cent per annum is to be paid into the employee’s RSA along with the principal,” the union said, adding that there are other prices to pay for a default.
The union further added that there were “other violations by the FCTA and the minister which it chose not to disclose.”
Criticism of court’s silence
The labour union also faulted the court for failing to grant any injunctive relief in favour of the workers, describing the lengthy adjournments and refusal to intervene as damaging.
It said it is distasteful that the court did not think it necessary to do justice to workers by way of even a tokenistic injunctive relief.
“The combined effects of a long adjournment and denial of an injunctive relief are irredeemably damaging to the cause of the workers and are suggestive of the interest of the court in this matter,” it said.
The union further claimed that the actions of the court raised concerns about its interest in the matter.
Threats against workers
The union also accused the FCT minister of issuing threats of dismissal to workers shortly after the ruling.
“The Minister of the FCT, taking the cue, did not wait for the signature ink on the court order paper to dry before issuing threats of sack to workers. We doubt that reasonable conversation can hold in such a toxic situation.”
However, in a separate statement, the FCTA defended the minister’s comments, saying they were aimed at enforcing the rule of law and preventing political interference in workers’ demands.
The administration said the court ruling was “a victory for the rule of law and a necessary step to protect the FCT from politically motivated disruptions.”
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Speaking with journalists shortly after the ruling, Mr Wike warned that any attempt to defy the court order would attract sanctions.
“The court has called off the strike. If anybody dares to block the gate again, then I will use the person as a scapegoat because you must obey the law. We are in a democracy and not in a military government,” he said.
He added that workers were expected to return to duty immediately, warning that any absence would attract disciplinary measures.
Despite the court ruling, the union urged workers not to be discouraged.
The union said it would engage institutions and individuals who violate the provisions of the Pension Fund Act and the National Housing Fund Act.
It also urged workers and organs of the Congress to be “similarly on high alert to see to the implementation of the engagement in case someone thinks we are bluffing.”
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