Femi Falana, SAN

By Femi Falana

By virtue of section 16 of the Constitution of Nigeria, the State shall direct its policy towards ensuring: the promotion of a planned and balanced economic development; that the material resources of the nation are harnessed and distributed as best as possible to serve the common good; that the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group.and that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled are provided for all citizens.

Section 17 of the Constitution also provides that the conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life; the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused; there are adequate medical and health facilities for all persons: there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever.

In utter violation of the economic objective of the State, the members of the ruling class have sold public enterprises and awarded oil blocks and granted licences for solid minerals to themselves.Thus, the State has engaged in concentrating the commonwealth in the hands of a few people contrary to the letter and spirit of the Constitution. However, some of those who lost out in the criminal diversion of the commonwealth through privatisation and award of oil blocks have engaged in the smuggling of solid minerals.

Even though the members of the ruling class have conspired to make the fundamental objectives and direct principles of state policy non justiciable in any court, the struggle of the Nigerian people for dividends of democracy has compelled the State to adopt policies and enact a numbers of laws that are designed to promote the welfare of the Nigerian people. Such welfare and labour include Labour Act 2004, Trade Union Act 2004, Child Rights Act 2003, Compulsory Free Universal Basic Education Act 2004 and Federal Mortgage Bank Act 2004, Factories Act 2004.

Others include Employees Compensation Act 2010, Pension Reforms Act 2014, National Senior Citizens Act, 2017, National Housing Fund (Establishment) Act, 2018, Discrimination Against Persons with Disabilities (Prohibition) Act 2018, National Health Insurance Authority Act, 2021, Student Loans (Access to Higher Education) (Repeal and Re-enactment) Act 2024 and National Minimum Wage Act, 2024.

In addition to the above laws, Nigeria has ratified and enacted the African Charter on Human and Peoples Rights. Articles 15, 16, and 17 of the law provides that every individual shall have the right to work under equitable and satisfactory conditions, and receive equal pay for equal work as well as the right to health, and right to education.Furthermore, section 254(C)(1) of the Constitution has conferred exclusive jurisdiction and power to deal with any matter connected with or pertaining to the application of international best practices and international Convention, treaty or protocol of which Nigeria has ratified relating to labour, employment, workplace, industrial relations or matters connected therewith, notwithstanding anything to the contrary in the Constitution.

It is regrettable to note that the above laws are observed in breach by the Nigerian neocolonial state to the detriment of the working people. An example is the Compulsory Free Universal Basic Education Act which has imposed a legal duty on the federal and state governments to ensure that every child is given free and compulsory education from primary school to junior secondary school. The immediate past Executive Secretary of UBEC, Dr. Hamid Bobboyi, during his presentation of the 2020 and 2023 budget implementation report to the Senate Committee on Basic and Secondary Education in Abuja, disclosed that N135,540,905,308.92 in matching grants have not been accessed by states in the last few years.

Owing to the refusal of state governments to contribute counterpart funds to access the matching grant of about N135 billion in the UBEC Account as stipulated by the law, Nigeria has 20 million out of school children. The Alliance on Surviving Covid-19 and Beyond (ASCAB) dragged the Federal Government and the 36 state governments to the Federal High Court seeking to compel them to comply with the education laws. Since there is no defence to the case, the defendants have challenged the locus standi of the plaintiffs to institute the action. The implication of the preliminary objection is that the state governments are not prepared to provide education for the children of the poor and vulnerable people.

In the public service, top public officers augment their salaries and allowances with payment of security votes and estacodes from foreign trips. Even though the National Minimum Wage Act is a valid and substiting legislation, about 20 states have yet to implement the N70,000 new minimum wage for local government workers and primary school teachers. Several employers of labour have equally refused to comply with the provisions of the National Minimum Wage Act. The federal government has refused to ensure full compliance with the law.

Furthermore, the recent data released by the National Pension Commission show that total assets in the Nigerian Pension industry rose by 23% year-on-year to N22.5 trillion in December 2024. instead of ensuring that pensioners are promptly paid their pension, the federal government has borrowed N10 trillion from the fund. Worried over the concern of pensioners, the House of Representatives has resolved to recover the loan on the ground that most pensioners are unable to access their retirement funds despite complying with the requirements of the contributory pension scheme.

Specifically, the House Committee was mandated to investigate the status of the pension fund assets of over N15.5 trillion with a view to ensuring that the N10 trillion loaned to the federal government from the pension fund is duly recovered and modalities are put in place to hinder the collapse of the pension schemes.

Under the Federal Mortgage Bank Act, workers are required to contribute to housing primarily through the National Housing Fund (NHF), where a mandatory 2.5% of their monthly salary is deducted and remitted to provide affordable housing loans to eligible workers. The contribution, together with other contributions from other lowly placed citizens, helps to fund the NHF.

The National Housing Fund (NHF), like other interventionist administering programmes, has become a subject of abuse and fraudulent practice. In November 2024, the Independent Corrupt Practices and other related offences Commission (ICPC) arraigned Mr. Gimba Ya’u Kumo, former chief executive officer of the Federal Mortgage Bank of Nigeria (FMBN), for allegedly diverting $65 million housing funds. The money was for the construction of 962 units of residential houses at the Goodluck Jonathan Legacy City in Kubwa, a satellite town in Abuja.

The Nigeria Labour Congress and the Trade Union Congress should closely monitor the trial and request the ICPC to investigate the allegation made in 2012 by Mr. Gimba Ya’u Kumo, that some “unscrupulous employers” had milked the fund dry to the tune of N100 billion. The NLC and the TUC owe workers a duty to ensure that the stolen sums of $65 million and N100 billion are recovered and utilised for building houses for workers.

It is indisputably clear that the enforcement of the above welfare and laws as well as international instruments will go a long way to improve the living conditions of the Nigerian people. Therefore, it is high time that the Nigeria Labour Congress and Trade Union Congress mobilised workers and allies to mount sufficient pressure on the federal government to enforce the welfare laws and international instruments.

*Mr Femi Falana, SAN, is a human rights activist