By Gbenga Sodeinde
The leadership of Academic Staff Union of Secondary School (ASUSS) Nigeria, have revealed reasons behind a serious headache of the Nigeria Union of teachers, (NUT) over the recent ASUSS’ victory at the Supreme court finally setting the record straight on the Union as a legally approved Association.
In statement jointly signed by the Comrade Samuel Omaji, the National President and Comrade Sola Adigun Secretary-General of ASSUS, heartily appreciated the Hon Minister of Labour and Employment for seeing the genuineness in movement for emancipating of the Secondary School teachers in Nigeria by granting approval for registration of ASUSS as a trade union.
It is also imperative to appreciate the Supreme Court of Nigeria for proving the judiciary as the last hope of the common man by upholding our appeal in a judgment delivered on 15th January 2021.
At this juncture, we want to express our disappointment over the series of reactions by our sister union, the Nigeria Union of Teachers (NUT) consequent to this judgment.
Obviously, it was not our intention to trade words with anybody on a matter which baseline is constitutional and also due to our belief in the pristine spirit of comradeship.
it equally debunked the alleged falsehoods that were said to have been projected “by NUT on the Supreme Court judgment of 15th of January 2021 that is still rattling the leadership of the NUT over which they have rigorously inundated the public with different versions of interpretations through heavily sponsored media plan, including features, news items and editorials”.
ASUSS explained that “It is an incontrovertible fact that the Supreme Court judgment of 15th January 2021 was in favour of Academic Staff Union of Secondary Schools (ASUSS) Nigeria as it sets aside and nullified the Court of Appeal judgment of July 11 2014. We hereby state categorically, that the Federal Ministry of Labour and Employment or any court of competent jurisdiction has not cancelled the approval of ASUSS as a trade union.
“We wish to enlighten the public on the historical perspectives of the battle between ASUSS and NUT on the emancipation of Secondary School teachers in Nigeria. Consequent to the failure of NUT to serve the interest of secondary school teachers in Nigeria, secondary school teachers under the aegis of Conference of Secondary School Tutors(COSST) emerged in 2001 to take care of the interest of their members.
“Subsequently, on 13th August 2005 application for registration as trade union was made to the Registrar of Trade Union following section 3 of Trade Union Act but on the 5th October 2007 the registrar refused to grant our registration predicating on sections 5(4) and 3(2) of Trade Union Act. However, section 5(5b) of the same Act made provision for the union to appeal to the minister against the refusal and section 6(3) provides that the decision of the minister on the appeal against the registrar’s refusal shall be final.
“In pursuant to sections 5(5b) & 6(3), we appealed to the minister on the 25th February 2008 and he approved ASUSS as a trade union on the 19th May 2008. It is worthy of note that Nigeria 1999 Constitution as amended and section 51 of Trade Union Act, CAP 437 of 1990 and section 2 of the Trade Union Amendment Act 2005 gave wider responsibilities to the Hon Minister on registration of Trade Unions.
“The NUT has wilfully forgotten that the administrative responsibility of the Registrar of Trade Union in registering trade unions under the Act is subject to authorisation or policy approval of the minister. See sections 45 CAP T8LFN 2004, 3(2), CapT14. The effects of the combined reading of Section 40 of Nigeria 1999 Constitution (as amended), Sections 2, 5(5b), 6(3), 51 of the Trade Union Act and ILO provisions of Convention No.87 and 98 of 1949 on Freedom of Association and protection of the Rights to organize which Nigeria as a nation ratified in 1960 voided Sections 3(2) and 5(4) of the Trade Union Act, Cap 437 of 1990 upon which NUT predicates her argument.
“We consider it ridiculous and laughable that NUT, a union that has been in control for almost nine decades alleging that a union ASUSS that has been making undeniable positive and progressive impacts in the lives of Its members is being sponsored by “governors that are not paying teachers’ salary”. If NUT leaders are sincere, let them be bold enough to list such Governors. We stand to challenge them that how many of the repressive Governors backing NUT to suppress ASUSS right of existence are paying salary and doing well in terms of Teachers welfare? Who was sponsoring NUT when teachers were not paid for several months across the country.
“How does ASUSS formation and existence as Union affects NUT? The establishment of ASUSS which is legally justifiable as pointed out above is a value added to the Education sector rather than being perceived as a threat. In the tertiary education sector, all levels have their Unions, in the health sector, there are over 12 Unions and heaven has not let loose. Those who see ASUSS as a threat and using poor teachers’ resources to parley government officials and Institute multi-million naira litigations against their sister Union are those negotiating with the lives and welfare of teachers for their selfishness.
“The fear of the impending doom and total loss of grips is the reason why the NUT crop of leadership has been busy fighting ASUSS while they left their members wallowing in trauma. They should never see our belief in a decent and peaceful approach to our liberation as an act of cowardice but as a way to let them realize we can peacefully coexist and synergise for education development.
“If NUT jurisdictional scope is as what it claims, why is NUT not unionizing the teachers of the Federal Government Colleges and Unity Schools, Private Primary and Secondary Schools? Is NUT not aware that the registrar of trade union has issued a certificate of registration to teachers in private schools or is it deliberate design to misinform the public?
We are being tempted to say that the Nigeria Union of Teachers (NUT) lacks adequate information on this matter. As teachers, we advise them to go for further information.
“It will interest the public if NUT can avail us who are her members in Secondary Schools in more than twenty-five states where ASUSS is in control.
Conclusively, we want to use this medium to appreciate our members for their doggedness and commitment to this course. We wish also to state for the purpose of information and education that labour movements have evolved from the 20th century grotesque posture to the application of wisdom in all circumstances drawing strengths from the principle of superior arguments. The 21st-century labour leaders must know, understand, and apply this dynamic to act correctly in these changing times.
“The present leadership of NUT should understand that using abusive words on personalities is not only obsolete but an indication of a knowledge gap.
The fight for freedom is a fight too big for mere insults to stop. Freedom fighters know that no oppressor leaves the oppressed free without a fight, that’s the fight we are fighting. We know where we are going, therefore, we don’t need any persuasion or encouragement. We are already determined”. The statement added.