Femi Falana, human rights lawyer, says the federal
government does not have the legal backing to proscribe the Academic Staff Union
of Universities (ASUU) over its continued strike.
Falana said this in reaction to speculations that the
federal government is planning to proscribe ASUU for failing to call off the
strike.
The strike, which began on February 16, is a result of the
government’s inability to fully address the union’s demands.
The industrial action has lasted more than six months.
There have been reports that the government intends to ban
the union, but there is yet to be any official communication to this effect.
In a statement on Saturday, the human rights lawyer said
ASUU’s right is guaranteed under Section 40 of the 1999 Constitution and
Article 10 of the African Charter on Human and Peoples Rights (Ratification and
Enforcement) Act.
Falana also cited the freedom of association and protection
of the right to organise convention No 87 of the International Labour
Organisation Convention, which refrains the federal government from banning or
suspending trade unions.
He said Nigeria “has ratified the ILO Convention and it is
pertinent to note that parties to the convention are obligated to ensure the
right of both employers and employees to join an organisation of their choice
and free from any influence of authorities which belong to the core principles
of the ILO”.
“To ban ASUU, the federal government will have to amend the
fundamental right of citizens to freedom of association enshrined in Chapter 4
of the Constitution,” Falana said.
“It is a special amendment, which requires the resolution of
four-fifths of members of the national assembly and approved by a two-thirds
majority of members of not less than 24 houses of assembly.
“In addition, the federal government will withdraw its
ratification of the African Charter on Human and Peoples Rights and the Freedom
of Association and Protection of the Right to Organise Convention No 87 of the
International Labour Organisation.
“The anti-democratic
forces urging the Buhari administration to ban ASUU should be made to realise
that a democratic government lacks the competence to abrogate the fundamental
rights of citizens outside the ambit of the 1999 constitution.
“Those who are berating ASUU for alleged recalcitrance
should advise the federal government to accord priorities to the funding of
tertiary education.”
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