Rapport définitif - Rapport No. 172, Mars 1978

1. 97. In a communication dated 23 May 1977, the World Federation of Trade Unions submitted a complaint alleging the infringement of trade union rights in Nigeria. The text of this communication was transmitted to the Government, which sent in its observations in a letter dated 13 October 1977.
2. 98. Nigeria has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 99. In its communication, the WFTU alleged that the Nigerian Labour Congress (NLC) - a body in which all the trade union federations are represented - had been unable to function properly since it was founded in 1976. According to the WFTU, the Government had refused to recognise the executive council of the NLC as elected at the constituent assembly. The Federal Government had, in fact, dissolved the executive council of the NLC and appointed an Administrator to run the latter until its next congress.
2. 100. The WFTU alleged that, immediately thereafter, legal proceedings were begun against certain trade union leaders and activists elected to the executive council of the new Congress. In addition, several trade union leaders had, by government decision, been barred from trade union activities. They were Michael Imoudu, Wahab Goodluck, S.U. Bassey, F.A.O. Odeyemi (treasurer of the Organisation of African Trade Union Unity), R.A. Ramos, J.U. Akpan, P.S. Isagua, J.D. Orotunde, J.O. Adeniran, P.A. Nwaneri, and J. Sule. In conclusion, the WFTU stated that such action was a flagrant case of interference by the government authorities in internal trade union affairs.
3. 101. Before answering the specific allegations, the Government, in its communication, described the general position with regard to the Nigerian trade union movement. A major development in the country, it stated, was the current restructuring of trade unions. According to the Government, the need for such action had been evident for several years and the Government referred to recommendations made in this connection following various inquiries and meetings. It was in that context that the Government had promulgated a decree (No. 44, 1976), whereby an Administrator of Trade Union Affairs was appointed to "encourage" the restructuring of trade unions, with a view to the emergence of strong and effective trade union organisations. The Administrator was appointed, the Government stated, to create the necessary groundwork for the operation of bona fide trade unions in the country and not to run the unions. A good deal of progress, the Government stated, has been made in this direction. After lengthy consultations with the workers' representatives, and account having been taken of the Government's political, economic and social programmes, 70 trade unions had been recommended. Action of various kinds was envisaged, such as the election of the trade union leaders by the workers, the convening of constituent conferences, and the creation of a central labour organisation early in 1978. Steering Committees made up of the existing trade unions would produce Constitutions for the new unions.
4. 102. The Government also mentioned the appointment of the Adebeyi Tribunal - a board of investigation into trade union activities - that had been set up at the request of the unions themselves. This Tribunal had been set up in the wake of allegations by the rank and file of Nigerian workers of corruption and abuse of office among leaders of the central labour organisations in the country. The Tribunal, it declares, was headed by a high court judge, and provisions were made for persons whose activities were being investigated to defend themselves with the aid of counsel. The report of that inquiry, according to the Government, had revealed large-scale corruption, mal-administration, abuse of office and misappropriation of funds by some trade union officials.
5. 103. As regards the allegation that the Government had refused to recognise the executive council of the Nigerian Labour Congress, the Government asserted that it was the leadership of the NLC, rather than the Government, that created the circumstances which made it impossible for that organisation to pursue its mission. The Government's reaction to the creation of a central trade union organisation in 1976 had been quite positive, as it was thought that one central body would put an end to the multiplicity of central trade union organisations. The Commissioner of Labour himself had attended the inaugural meeting. Subsequently, a spate of allegations of mass rigging of elections and slating of officers in the new organisation had left the Government with no other alternative than to refuse recognition of the union. Thereafter, it had proceeded to set up machinery which commanded the support of the generality of trade unionists for the restructuring of trade unions in the country.
6. 104. Concerning the allegation that certain persons, mentioned by the WFTU, had been forbidden to continue trade union activities, the Government affirmed that the findings of the Adebeyi Tribunal had been that the persons concerned had abused their positions. The Tribunal had recommended that they should no longer be allowed to continue their trade union activities. They had, accordingly, been proscribed from trade union activities in the interest of public morality and accountability.
7. 105. The Government concluded by stating that it had implicit faith in free, independent and efficient trade unions as instruments of economic and social progress. It ardently hoped that the current restructuring exercise which was in its last stages would ensure the development of a virile and efficient trade union movement.

B. B. The Committee's conclusions

1. 106. The Committee notes that the allegations relate to a refusal to recognise the Nigerian Labour Congress and its executive Committee, the appointment of an Administrator for Trade Union Affairs, and a ban on further trade union activities by the officers of the Congress. It likewise notes that some of these matters were considered by the Committee of Experts on the Application of Conventions and Recommendations at its session in March 1977.
2. 107. As regards the Government's refusal to recognise the Nigerian Labour Congress and its officers, the Committee notes that Decree No. 44 revokes the registration of this organisation. According to the Government, this was done because of irregularities in the election of officers. In this connection, the Committee considers that any action taken by the administrative authorities when election results are challenged runs the risk of being arbitrary. Hence, and to ensure an impartial and objective procedure, matters of this kind should be examined by the judicial authorities. The Committee further considers that the cancellation, by decree, of the registration of the Nigerian Labour Congress is equivalent to dissolution of this organisation by administrative authority and, as such, runs counter to Convention No. 87, Article 4.
3. 108. Concerning the appointment of an Administrator of Trade Union Affairs, the Committee notes that, according to Decree No. 44, this person is called upon to undertake on behalf of the trade unions the duties normally performed by a central workers' organisation. He is also required to take such action as may be necessary to set up a single central organisation to which all Nigerian unions will be affiliated. To this end, the Administrator is empowered to draft the statutes and electoral rules for the new organisation, and to organise elections in accordance with such regulations. Both statutes and rules will have to be approved by a congress of delegates. In the event of disagreement between the Administrator and the congress, the matter will be referred to the Commissioner of Labour, whose ruling will be final.
4. 109. The Committee fully appreciates that the Government is anxious to promote the emergence of a strong trade union movement, free from the shortcomings which result from a proliferation of small unions. However, as it has repeatedly stated in the past, the Committee considers that in such circumstances it is more desirable for a government to seek to encourage trade unions to join together voluntarily to form strong and united organisations than to impose upon them by legislation a compulsory unification which deprives the workers of the free exercise of their right of association, and thus runs counter to the principles of freedom of association. Hence any reorganisation of the trade union movement should, the Committee considers, be left to the trade, union organisations themselves, while the Administrator should confine himself to co-ordinating the efforts made by the unions to bring this about. The prerogatives conferred on the co-ordinator should not be such as to restrict the rights embodied in Convention No. 87 (Article 3), according to which employers' and workers' organisations are entitled to draw up their Constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes.
5. 110. With regard to the ban on further trade union activities by certain trade union leaders, the Committee notes that, before imposing the ban, the Government appointed a tribunal, presided over by a high court judge, to inquire into trade union activities. This tribunal produced a detailed report - which the Committee has examined - and found that certain trade union leaders had been guilty of irregularities. It further recommended that the persons in question should no longer be allowed to engage in trade union activities. As a result of these recommendations, the Government imposed the ban. In general, the Committee feels that particularly serious action such as that taken should be decided by the courts so as to ensure all rights of defence. In this particular case, the Committee considers that it was for the ordinary criminal courts to pass verdicts on the persons thus accused, in accordance with the law.