Ban on Kogi ASUU: Lawyers, lawmakers, others react

Mixed reactions have trailed the proscription of the Academic Staff Union of University, ASUU, Kogi State University chapter by Governor Yahaya Bello.
The pronouncement came when the visitor of the state own institution claimed that several efforts to call off the over six months old strike fell into deaf ears.

Governor Yahaya Bello after an emergency State Executive meeting at the Government House in Lokoja on Wednesday noted that the Kogi State Government was now forced to conclude that, “ASUU, KSU’s insistence on continuing her strike action even though Government has paid her members’ salaries, earned allowances and other benefits up-to-date (June, 2017) is both unreasonable and unacceptable.
”ASUU, KSU and her members, for no justifiable cause, have deliberately persisted in the breach of their responsibilities as employees of the Kogi State Government working in an institution founded to provide essential services, to wit, education.
”ASUU, KSU’s activities related to their strike of about 7 months have obstructed and disrupted the provision of essential services, to wit, education thereby occasioning psychological trauma and irrecoverable loss to those intended lawful recipients of same.

”Consequently, the Governing Council of the Kogi State University, Anyigba, the Management of the Institution and the Kogi State Ministry of Education are hereby directed to: Deem all academic staff of the Institution who do not resume their normal academic activities immediately as having resigned from the employment of the Kogi State Government and the University, and to treat them accordingly.
”Take steps to immediately find and engage suitable replacements for all crucial staff vacancies, including those who have left, may wish to leave or who are deemed to have left the service of the Kogi State Government and the University pursuant upon this Proclamation.
”Start the process of employing all categories of academic staff required by the Institution based on need assessment.

”All law enforcement and security agencies in Kogi State are hereby directed to remain vigilant as usual and be proactive in preventing any breakdown of law and order in any part of Kogi State, whether consequent on this proclamation, or for any reason whatsoever.”
But looking at it from a legal perspective, Barrister Eze Onyekpere, an Abuja based lawyer enumerated the legal implications and the effects of this on the institution and the students.
“In Nigeria, the first formal union was civil service union and it was formed in 1912 and in 1938, trade union ordinance was enacted as a legal entity .The decision of the kogi state government to proscribe the KSU chapter of the ASUU has a serious legal implication. Since it is the right of workers to combine under one umbrella, any opposition can be regarded as violation of human and trade union right granted to them by law,” he told DAILY POST.
”The action of the governor is an infringement on their right to unionism and freedom of association as enshrined in our constitution. This will make ASUU to seek redress to the law court in defence of her right and it will take time for this case to be handle thereby distrupting academic activities in the school.
”The students will suffer because the school activities will be truncated as a result of the legal battle. Those who had graduated will not be mobilzed until the dispute is over. It has several effects that is going to be unbearable. Instead of the governor to solve the problem on ground, he took another draconian decision that will aggravate the situation.
”The decision of the governor is a clear manifestion of his intention to send the institution into extiction and put our future in the state of jeopardy and despondency. He has to reverse that decision and apologize for our interest.”
In a similar note, Barrister Joel Usman gave an insight of how previous government in the country failed when they made an attempt to proscribe the union in the past.
“In my view, Kogi state government does not have the power to proscribe/abolish ASUU Kogi state chapter as it is a trade union, established under the trade union Act which is under the exclusive list.
”ASUU was formed in 1978. The military government of Gen. Ibrahim Badamasi Babangida in 1988 & 1992 banned ASUU but later allowed to operate thereafter and that is understandable as it is a military government with a maximum rule

”But to imagine that in a democracy, a state government will attempt to ban trade Union established under the trade union Act is to say the least unfortunate as it not just and attempt to infringe on the rights of academic staff of Kogi state University to freedom of association but that he does not possess the power to proscribe.”
‘Jibril Okutepa, SAN in his argument noted that, “Legislation/proclamation by pronouncement is the hallmark of dictators and vilified infamous individuals, who unfortunately became corrupted absolutely by power.”
Idowu Olumodeji, said “There is no law in Nigeria under which this action of His Excellency can be accommodated. For the records, legislation by proclamation was the hallmark of renowned dictators such as Benito Mousolini of Italy and Adolf Hitler of Germany. Not even under military dictatorships were proclamations deployed as tool for legislation.
”ASUU for God’s sake is a Trade Union registered under part C of the companies and allied matters Act and its proscription cannot come under the hands of the governor of any state. Not even the state House of Assembly (if indeed we have one) can by legislation purport to proscribe ASUU.
”I do not see how this rash act of the governor can resolve the imbroglio. I think impunity is on the prowl in Kogi state and the governor does not seem to have the benefit of rational legal advice.
”This proclamation proscribing ASUU is an exercise in futility. It is at best a classical demonstration of the Arrogance of Ignorance.”
Cosmas Atabor averred that, ” I do not believe a State House of Assembly, can by legislation purport to proscribe ASUU! Sadly, this Imperial proscription on Wednesday cannot and will not solve the current impasse and neither will it foster unity and or cohesion amongst the people of the state, whose children and wards have lost time and suffered lack of education and progress.
”Go ahead. Make all the excuses. State all the ‘irrelevant’ figures. 90% of their demands had been met so the balance 10% of their benefits and due, should not be an issue. Go ahead; I state….you will still be wrong in advising and or trying to defend a wrong move that is not only wrongly timed but also ill-conceived, as the land and the people crave succour and development after being so whipped and ripped by previous administrations and more surprisingly, the present and ongoing one.”
Adding his voice, the centre for Human Rights and Conflicts Resolutions led by Idris Miliki advised the government to look for a more diplomatic way of resolving the industrial disharmony rather than taking a step which is contrary to the constitution.
“The proscribed ASUU of the state University Ayingba in kogi state is an unfortunate development while we are not happy that the school have been close for this long that does warrant the illegality been perpetrated by the government. This latest action and pronouncement by the government will and can never stand.
”We, however, call on all parties in the dispute to go back to the negotiating table and get it resolved. This government in kogi state should stop all this impunity and illegality.”
A serving state lawmaker in the Kogi State House of Assembly representing the Peoples Democratic Party (PDP) Igalamela Odolu constituency wrote on his facebook page that, “Your company determines what accompanies you. The first method for estimating the intelligence, attitude & aptitude of a leader is to look at the men he has around him. Can ASUU be proscribed by a Governor?”
In the defence of the government, the Chief Press Secretary to the Kogi State Governor Mrs Petra Akinti Onyegbule explained that, “Lecturers have been paid up to June 2017. All for work not done since they were home for about seven months. Who refunds time wasted to students? It is impossible. I went to KSU. I resumed on March 12, 2001 and by July 2004, I was done with my four-year-course. No ASUU. By 2005 January, I was in NYSC camp.
”Everyone has a right to association but when the activities of any association become repugnant to justice, commonsense and such association becomes a weapon of oppression of the weakest in their sphere of influence, it becomes the duty of government to protect the weak.”