National Industrial Court sitting in Abuja has said that the federal government was obliged to implement the Collective Agreement it entered into with the Senior Staff Association of Nigerian Universities (SSANU) in November 2009.
Justice N.N. Esowe stated this while delivering lead judgement on the case instituted by SSANU against the federal government and the National Salaries and Wages Income Commission, on the interpretation of the Collective Bargain Agreement.
He ruled that if the federal government was the proprietor of the federal universities as contained in the agreement, the federal government should bear the full responsibility of both the capital and recurrent cost of the University schools.
The court in the judgement stated that any other interpretation or order apart from the above as well as any circular emanating from any other place contrary to the spirit of the agreement was null and void and tantamount to the breach of the agreement.
“The Collective Agreement itself was an agreement between the federal government of Nigeria and SSANU. This means that the rights and obligations imbued under the agreement relates these parties of the collective agreement.
“In paragraph one, point two of the Collective Agreement, the federal government of Nigeria is described as the proprietor of the federal universities and the agreement itself was signed by the Chairman of the team of Pro-Chancellors, Chairman, FGN/SSANU Re-negotiation, Chairman, Committee of Pro-Chancellors Re-Negotiating Committee and the Pro-Chancellor, University of Lagos and the national president, SSANU.
“If the federal government of Nigeria is the proprietor of federal universities, then reference to the universities must necessarily be referenced to the federal government of Nigeria.”
It further stated that: “The 1999 Constitution in Section 3181 defines government to include the government of the federation or of any state or of a local government council or any person who exercises power or authority on its behalf.
“Public service of the federation means the service of the federation in any capacity in respect of the government of the federation and includes service as staff of any educational institution established or financed principally by the government of the federation.”
Reacting to the judgement, Counsel to the National Income, Salaries and Wages Commission, Chigozie Iwuoha, said that the government would go through the judgement to analyse it to know the next line of action.
“We are to study the judgement. If there is room for appeal, we will appeal it, if there is no room for appeal, we advise the government accordingly so that people will take the appropriate steps in implementation wise,” he said.
On his part, Counsel to SSANU, Wofai Jimmy Robert, said: “If the federal government fails to abide by the judgement, we would most respectfully consider that as an irresponsibility on the part of the government.
“We believe that this is a country of laws and we have a government that has prided itself in the obedience of laws and the rule of law. If the government feels uncomfortable with the ruling of the court, as their counsel had rightly said in court, they know what to do.”
