ASUU Strike: Govs Threaten Court Action

From Wendy Summers in Abuja, 08.12.2009



Governors of the 36 states of the Federation are with the Federal Government over its decision to call off further negotiation with the Academic Staff Union of Universities (ASUU) unless the union members first suspend their strike.
The governors have, however, threatened to take the Federal Government to court should it commit them to any written obligations with the striking university lecturers.
University students in the country have been home since mid June following the ASUU strike.
But exasperated by ASUU�s persistent demand that it should sign an agreement with it over the payment of 40 per cent salary increase for the academic staff and 20 per cent for the non- academic staff of universities, the Federal Government said last Monday it was withdrawing from further talks with the union except the lecturers first returned to classes.
Rising from their monthly National Economic Council (NEC) meeting yesterday at the State House, Abuja, the governors backed the Federal Government�s position on the matter, but said it (government) could go ahead to enter into agreement with ASUU to pay the 40 per cent salary increase for the academic staff and 20 per cent for the non-academic staff of federal institutions.
The state chief executives argued that in keeping with the principles of true federalism and given that states and the Federal Government do not possess equal financial strength, it would only be appropriate for the two tiers of government to negotiate according to their capabilities.
The governors nonetheless appealed to the striking lecturers to call off their strike and go back to the classrooms while further negotiations continue.
The governors who addressed State House Correspondents were Chairman of the Governors Forum and Kwara State Governor, Dr. Bukola Saraki; Imo State Governor Ikedi Ohakim, and Niger State Governor Mu�azu Babangida Aliyu.
The governors were joined by the Central Bank of Nigeria (CBN) Governor Lamido Sanusi Lamid and National Planning Minister Shamsudden Usman.
The NEC, which is constitutionally chaired by Vice-President Goodluck Jonathan comprises all the 36 state governors of the federation and the Federal Capital Territory Minister, Attorney-General of the Federation, Chief Economic Adviser to the president, National Planning Minister, CBN Governor and the Finance Minister.
Ohakim and Aliyu jointly spoke on the issue of ASUU strike. Commenting on the matter, Aliyu said: �Of more fundamental interests to all of us and that is where you come in, where you can help Nigerians is that in a federal system, one arm cannot go and sign on behalf of others. To quote one of my heroes, you cannot shave a man�s hair in his absence. Every state should be able to determine what it can pay even though there could be a benchmark from the federal system. That is the angle we looked at and said all the governors should support the stand of the Federal Government because if it is signed, what argument can we have for other unions that where built during the unity system of government.
�Even if the FG signs, many of the states may take the FG to court for trying to force it to pay something. Believe me, we will try as much as possible.. You may recall that we even took the FG to court for the deduction of money accruing, to the states without the states permission. It is not everything we discuss about amending the constitution. Some of these things we should try them so that the constitution become a little elastic and then interpretation become more acceptable to Nigerians.
�We appeal to ASUU because all the things have been satisfied it is only the signature and the FG can�t sign on behalf of others and if it has to sign it can only sign for the employees that it pays. There is no democracy even in the strike action. There is a law that says before a strike action takes place there must be a voting where the majority will say it would take part.
�Where some people hold an employer to ransom, that is not fair, that is not democratic. We therefore appeal to those who can appeal to ASUU to suspend the strike, and let the negotiations continue. That is where we stand as an organization.�
Ohakim said: �The issue of the protracted strike by ASUU was exhaustively discussed and it should be noted that council invited the minister of education to make detailed presentation with the situation as to our higher educational institutions. The minister made presentation and council noted some critical points; the autonomy granted to universities to the extent that universities can now appoint their vice-chancellors, the 70 years retirement age that the Federal Government has approved, special allocation to research for staff training, research and promotional grants. N33 billion has been set aside by the Federal Government to upgrade the first selected six universities and that is a continuous process.
�Federal Government also accepted and granted 40 per cent increase in salaries to ASSU and 20 per cent for non-academic staff. Another thing that came up was the stance of ASUU that FG must sign an agreement which will also be binding on state governments. We looked at the situation of the country that the states are federating units and the council reviewed the situation with the NUT and the TSS salaries that came up early this year and how it was trashed, we looked at dwindling income of the Federal Government and craving for increase in revenue, and the situation of the drifting world economy, and that there are certain things the FG can carry and the states cannot carry. Those things and the council decided that the Federal Government cannot sign any agreement that will be binding to the states because we must consider the ability to pay and the revenue accruing to the state governments.
�Council has asked the governors to go back to their states and then look at the situation with their finances and then decide what they are capable of paying. This is where we left it but council appealed to ASUU most passionately for the interest of this country and our children to please even if it means suspending the strike and then continue the negotiation so that we can come to a consensus.�