The House of Representatives, on Wednesday, forced a member,
Simon Atigwe (PDP/Enugu) to withdraw a bill seeking to bar workers in the
health sector from embarking on industrial action.
According to the House, the proposal, which failed its
second reading at the plenary on Wednesday, was against the provisions of the
Constitution.
The legislation is titled, ‘A Bill for an Act to Amend the
Trade Disputes Act, Cap. T8, Laws of the Federation of Nigeria, 2004 to
Prohibit Medical Practitioners in the Employment of Federal, State and Local
Governments (as Employees in the Essential Service Sector) from Embarking on
Strike and to Accelerate Administrative and Judicial Proceedings in the Determination
of Trade Disputes Involving Them; and for Related Matters.’
Several unions in the health sector such as the National Association of Resident Doctors and the Joint Health Sector Union have on different occasions downed tools over issues bothering on their welfare and working conditions.
On Wednesday, Atigwe had read out the long title of the bill
and moved a motion for its second reading, while Christopher Okwudili seconded
the motion.
The Deputy Speaker, Ahmed Wase, who presided over the
session, had asked the sponsor to lead the debate on the bill.
Another member, Iduma Igariwey, however, raised a point of
order to cite Section 34(1)(c) of the Constitution, which prescribes that ‘no
person shall be required to perform forced or compulsory labour.’
He added, “I have gone through the amendment he intends to
make, that it is an offence for medical practitioners to go on strike. What it
means is that at all times, they must be forced to work, whether the conditions
are proper or not. I think it runs contrary to this constitutional provision.”
Agreeing with Igariwey, the Deputy Speaker said, “You can’t
make a law that will be over and above the constitutional provision. The only
way you can do that is to amend the Constitution before you now amend the law.
It is their right to exercise.”
Not satisfied, Atigwe disclosed that he sponsored the bill
based on his experience.
“My amendment is out of experience. I have lost so many of
my loved ones through strikes by medical doctors. I feel that if we can
checkmate them, then we can save lives. We are not saying they will be forced
to be working; the law is providing procedures on how their issues should be
handled.”
Again, Wase picked a hole in the lawmaker’s argument,
saying, “I’m referring you to the oath of office that you took. You are now
bringing your personal matters. The day you took that oath, you swore to
Nigerians that you would not allow your personal interest to influence you.”
The Deputy Speaker and several lawmakers, therefore, urged
the sponsor to either step down the bill or withdraw it.
Atigwe consequently withdrew the bill.
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