The Citizens Advocacy for Social and Economic Rights (CASER) has called on the Attorney General of the Federation and the Minister of Justice, Abubakar Malami, SAN, to direct the arrest and prosecution of electricity union workers for embarking on the strike action. on August 17, knowing full well. good that they provide essential service to the nation.
Electricity workers under the auspices of the National Union of Electricity Employees (NUEE) had shut down a number of power supply stations across the country throwing parts of the country into darkness.
They had declared industrial action to protest the directive of the board of the Transmission Company of Nigeria that all senior managers in acting capacity must undergo a promotional interview before being promoted to acting general manager.
The union later called off the strike the same day after reaching a ceasefire with the Minister of Labour, Dr Chris Ngige.
But CASER Executive Director Frank Tietie claimed in a statement yesterday that the strike was an act of terrorism against the nation.
He argued that it is unconstitutional for unions and workers in the essential services sector to take such action.
He wrote, “What the striking electricity workers have failed to realize is that their strike action on August 17, 2022 constituted an act of terrorism against the Nigerian state and that they can therefore be punished with imprisonment of life imprisonment under the combined provisions of Section 1 of the Terrorism (Prevention) Act (as amended) which defines an ‘act of terrorism’ to include any act done intentionally with malice, with premeditation and which: (a) is likely to harm seriously or harm a country or an international organization; (b) is intended or may reasonably be considered to be intended: (i) to compel unjustly a government or international organization to do or not to do any act ; (ii) seriously intimidate a population; (iii) seriously destabilize or destroy the basic political, constitutional, economic, social structures of a country or an international organization; or, (iv) affect otherwise in this government or international organization by means of intimidation or coercion; and (c) involves, as the case may be, the interference or interruption of the supply of water, electricity or any other essential natural resource, the effect of which is to endanger human life.”
Tietie added that regardless of the genuineness of the demands of any Nigerian labor union, Nigerian law restrains them from taking strike action that could harm the economy.
He asked the AGF to use his office to enforce the legal provisions against illegal strikes.
The statement in part reads: “Citizens Advocacy for Social and Economic Rights (CASER) has since 2014 been at the forefront of calling for appropriate legal action against trade unions in Nigeria that initiate illegal strike action, especially in the service sectors essential health. and education.
“It is criminal under the provisions of Section 31 (6) of the Trade Union Act for workers in the essential services sector to initiate strike action, but the failure of successive administrations to deal with this senseless criminality has led to the current deterioration and The very embarrassing situation where even the electricity workers have now decided to defy the law by launching the debilitating strike action on August 17, 2022.
“There is a reason why the Nigerian National Assembly in 2005 outlawed strikes in the essential services sector. It is not unrelated to the fragility of the Nigerian society and other related problems which are essential to the well-being of the Nigerian people. Thus, in that short period for which electricity generation and distribution was completely shut down in Nigeria, the electricity union succeeded in causing untold hardship to Nigerians and caused billions of Naira losses to Nigerian businesses.This is unacceptable!
“For the above, the electricity workers cannot be excused under the exception of sub-section 3 of the above section, since they have gone on strike for compulsion.
“What the electricity workers have done is no different from the acts of a terrorist group like Boko Haram. Therefore, it is only appropriate to initiate criminal proceedings against them to serve as a deterrent to other unions in the essential services sector who may contemplate any illegal strikes.
“If electricity workers can go on strike, then members of the Nigerian police and military – Army, Navy and Air Force can also go on strike action. Such a situation is unthinkable. That is why the law prohibits such actions strikes.
“Therefore, Dear Attorney General, your failure to enforce the legal standards for illegal strikes, as in the tradition of past administrations, which, due to a lack of political will, failed to act in the public interest, will lead to in further extending the reign of impunity that has been the bane of Nigeria’s fragile democracy.
“TAKE NOTICE, therefore, that CASER will continue to engage your office in this matter in the hope that decisive action will be taken against illegal attacks in Nigeria. When necessary, he will secure an appropriate order from a court of competent jurisdiction to ensure compliance with the above standards set out in the Nigerian criminal law.
