Federal Government has withdrawn
the recent threat to activate the ‘no work no pay policy’ against striking
university teachers.
This was disclosed by the
National President of the Academic Staff Union of Universities, ASUU, Prof.
Biodun Ogunyemi.
Ogunyemi also said that the
negotiation meeting between ASUU and the Federal Government would continue
tomorrow, stressing that what the union was doing was to rescue the education
sector from imminent collapse and to ensure that the children of the poor get
access to quality and affordable education.
The ASUU boss also said that last
Friday’s meeting between the two parties did not yield much result.
He said:
“Well, we have confirmed that they have withdrawn that threat (no work
no pay). So it appears the threat is not there for now. But even if the threat
is there, we are prepared for that because for our members, no sacrifice is too
much to salvage Nigeria’s education.
“Shortly before our action while
the NLC (Nigeria Labour Congress) hullabaloo was going on with federal
government, they went to the Federal Executive Council that they were
activating that rule.”
Meanwhile, human rights lawyer,
Mr. Femi Falana, SAN said: “Although the Federal Government referred to “extant
rules” to justify the ‘no work, no pay’ policy the directive is anchored on
section 43 (1) of the Trade Disputes Act which provides that “any worker who
takes part in a strike shall not be entitled to any wages or other remuneration
for the period of the strike…”.
In resorting to the desperate
measure the Federal Government was not properly advised. Otherwise, it would
have realized that even under the defunct military junta the application of ‘no
work no pay’ rule, threat to eject lectures living in official quarters,
promulgation of a decree which made strike in schools a treasonable offence and
the proscription of ASUU did not collapse any of the strikes called by ASUU.
”It is submitted that the latest
strike embarked upon by ASUU has complied with the provisions of section 31 (6)
of the Trade
Disputes (Amendment) Act, 2005.
Since the law does not punish acts which are lawful in any democratic
society section 43(1) of the Trade
Disputes Act cannot be invoked to justify the seizure of the salaries and
allowances of members of the ASUU who have decided to participate in an
industrial action that is legal in every material particular. Under the current
labour law regime only those who take part in illegal strikes are liable to be
prosecuted and forfeit their salaries and allowances.
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