There are fresh concerns that the Federal Government’s partial waiver of the ‘no-work, no-pay’ order on members of the Academic Staff Union of Universities (ASUU), and the condition that the exceptional waiver would be the last to be granted ASUU and other unions in the sector may plunge the university system into another round of crisis, IYABO LAWAL reports.

Despite plans to offset four out of the outstanding eight-month salaries of university teachers, there appears to be no end in sight to the age-long crisis between the Federal Government and university teachers.

Over the years, there have been negotiations on issues affecting university education, particularly funding and revitalisation, but no agreement has been reached on any of the issues.

In protest against government’s failure to meet most of its demands, including the implementation of the December 2020 FGN/ASUU Memorandum of Action (MoA), and its truncation of the renegotiated 2009 Agreement, ASUU, on February 14, 2022, embarked on an indefinite strike, which lasted eight months.

While the strike lasted, the government invoked Section 43(1)(a) of the Trade Disputes Act, and imposed the “no-work, no-pay rule” on the workers. ASUU, however, kicked against the government’s position, insisting that the government’s failure to fulfill its commitment informed the strike action.

ASUU’s key demands
To put things in proper perspective, ASUU’s agitation for the development of the country’s education sector peaked on December 14, 2006, when the then Minister of Education, Dr Obiageli Ezekwesili, on behalf of the Federal Government, inaugurated the FGN/ASUU re-negotiation committee, comprising the FGN’s renegotiation team led by the then Pro-Chancellor, University of Ibadan, Gamaliel Onosode and ASUU’s team led by the then President, Dr Abdullahi Sule-Kano.

The committee met immediately after its inauguration during which both teams reaffirmed the need to address the rot in the university system as evidenced in the dilapidated infrastructural facilities and poor conditions of service for all categories of staff.

At the meeting, ASUU submitted a position paper titled, ‘Proposals for the renegotiation of 2001 agreement between the Federal Government of Nigeria/Governments of States that own universities, and the Academic Staff Union of Universities,’ which reflected the views of ASUU on various issues in the 2001 FGN/ASUU agreement.

On January 23, 2007, the Federal Government’s team also presented a position paper, which was a response to ASUU’s demands. Unfortunately, at the time the nation started rejoicing that peace had finally returned to the universities, the renegotiation was suspended as a result of ASUU’s withdrawal in January 2008 over its stance on the sack of 49 lecturers at the University of Ilorin and did not resume until August 25, 2008.

The terms of reference of the committee was to renegotiate the 2001 FGN/ASUU agreement the committee agreed that the essence of the renegotiation was to reverse the decay in the university system and reposition it for greater responsibilities in the interest of national development.

The negotiation was also to reverse the brain drain, not only by enhancing the remuneration of academic staff, but also by disengaging them from the encumbrances of a unified civil service structure; restore Nigerian universities through immediate, massive and sustained financial intervention to ensure genuine university autonomy and academic freedom.

Eventually, the agreement came into force in 2009, when both parties agreed on funding for revitalisation of public universities, Earned Academic Allowance (EAA); salary shortfall, state universities, visitation panels, re-constitution of the 2009 FGN/ASUU renegotiation committee, University Transparency and Accountability Solution (UTAS), withheld salaries and non-remittances of check-off dues.

The union is also calling for the review of the Nigeria Universities Commission (2004) Act to tackle the proliferation of universities, and also demanding 26 per cent budgetary allocation to education.

ASUU’s demands not yet met
The draft renegotiated FGN-ASUU agreement has remained unsigned, while the government is yet to release the white paper on reports of visitation panels to universities. It has also not delivered on the promised balance of one tranche of the revitalisation fund,and the outstanding two tranches of the EAA.

Besides, nothing has happened on the promised support for amendment to the law of the National Universities Commission to stem the tide of proliferation of universities, especially by the state governments.

Nigeria’s allocation to the education sector still falls below 26 per cent as demanded by ASUU. In 2022, budgetary allocation to education was 5.4 per cent.

FG’s offer
Education minister, Prof. Tahir Mamaan, has disclosed that the government can only afford a 23.5 per cent salary increase for all categories of workers in federal universities, except for the professorial cadre, which will enjoy a 35 per cent upward review.

The government said allowances that pertain to ad-hoc duties of the academic and non-academic staff shall be paid as and when due by the governing councils of universities to which such services are rendered, and to the staff who perform them.

The government proposed a sum of N150 billion to be provided for in the 2023 budget as funds for the revitalisation of federal universities, and would be disbursed to the institutions in the first quarter of the year.

It also proposed that a sum of N50 billion would be provided for in the 2023 budget for the payment of outstanding arrears of EAA, which would be paid in the first quarter of the year.

But ASUU maintained that the offer is inadequate to meet its demands and tackle the challenges confronting the university system.
The waiver and its conditions
President Bola Tinubu has also approved a partial waiver of the “no-work, no-pay” order imposed on ASUU for its eight-month strike.

According to a statement by the Special Adviser to the President on Media and Publicity, Ajuri Ngelale, the president invoked the principle of the “presidential prerogative of mercy to approve the waiver, which would allow university teachers receive four out of the eight months’ salaries withheld.”

The statement, titled: “President Tinubu approves partial waiver of the no-work, no-pay for ASUU members, orders release of four months of withheld salaries,” however, gave a mandatory requirement that the Ministries of Education with Labour and Employment, should secure a document of understanding from the union that the waiver would be the last to be granted ASUU and other unions in the education sector.

ASUU, CONUA differ on position
While ASUU members faulted President Tinubu’s directive to pay lecturers half of the salaries withheld during the period of strike on condition that it will not grant a similar waiver to education unions in the future, the Congress of University Academics (CONUA) said it was never on strike during the period.

ASUU National President, Prof. Emmanuel Osodeke, said the union was not aware of the waiver and only heard the news just like other Nigerians.
“Until they write to us on the issue, we don’t believe those conditions,” Osodeke said, adding that the union will meet to decide on the next line of action if Tinubu stands by his statement.

But CONUA, through its National President, Niyi Sunmonu, described it as a welcome development but maintained that his members were never part of the eight-month strike embarked upon by ASUU, and are expected to be paid their outstanding salaries.

He, however, faulted Ngelale on his choice of words, which he described as insulting.

SSANU, ASUP, COEASU fault condition
In the same vein, other unions have faulted the partial waiver and mandatory requirement of the president, describing the condition as an attempt to repress the unions’ right to strike.

The Senior Staff Association of Nigerian Universities (SSANU) kicked against the waiver introduced by the government, and threatened to embark on another round of strike if members’ withheld salaries are not paid.

National Vice President of SSANU, Abdussobur Salaam, said the union would wait for the government’s decision before meeting to decide on the next line of action.

President of the Academic Staff Union of Polytechnics (ASUP), Anderson Ezeibe, said no union will sign the proposed document of understanding.

“What does the government mean by waiver? All the lost sessions have been covered; the work has been done. So why reduce lecturers to slaves? You want to give them 50 per cent and you’re asking them to sign an agreement. Nobody will sign that agreement. Enough of this kind of insult.

“The only strategy that will prevent future strikes is for the government to honour the agreements reached with the union. It should respect the agreement and fund higher education.

Chairman of the Colleges of Education Association Staff Union (COEASU), Dr Smart Olugbeko, noted that the “presidential prerogative of mercy” is anti-union and showed that the government has not come to terms with the sad realities in the education sector.

“The lecturers called off the strike after a lot of persuasion and negotiations, and they went back to do all outstanding work they ought to have done during the eight months. Asking them to sign the document is an insult.

“We can never get involved in signing that kind of anti-union document, because it is illegal. Strike is entrenched in the Trade Union Act as recognised by the International Labour Organisation (ILO). What the ILO says is that, when you breach an agreement signed with a union and the union decides to go on strike, you cannot apply the ‘no work, no pay’ rule.

“ASUU went on strike on the basis of the agreement it signed with the government, which the latter refused to implement. It is our right to go on strike when the government breaches an agreement. The fact that you have the power to withhold salaries does not mean what you’re doing is right. I believe no reasonable union will accept those insulting conditions,” he said.