Nigerian Industrial Law: Industrial Relations Training Workshop

1. Nigerian Industrial Law: Industrial Relations Training Workshop Organised by CRAANI Presenter: Richard INGWE Senior Scholar, CRADLE, Calabat Researcher, IPPA, University of Calabar

2. LAWS • Defined as State created rules for regulating individual citizen’s conduct in relating with others (persons, groups, organisations, environmental systems’ constituents (animals, plants, etc), supernatural beings, among others • Rules guide sets of actions, allowable or not, by the State, violation of law attracts punishment/penalty

3. The nature of Law • Laws apply universally, don’t discriminate against individuals (persons or inanimate entities) • Laws create patterns of socially acceptable behaviour @ various regional levels (communities, nations, supranational scales, etc) • E.gs. EU & rights, Kenya & public romance, mid-west US & gun ownership/use,

4. Origin & mid-wifing of Law • National laws are products of legislation in democratic nations, decreed by dictators, as it were in pre-1999 Nigeria; • In traditional communities, oldest & other competent authorities make laws • Laws are interpreted by Judiciaries in democracies and to a limited extent in dictatorships, as happened in Nigeria- be reminded to worry later about this phenomenon’s effect on Nigeria’s industrial relations

5. Functions of the Law • Laws function severally in States’ operations: • Facilitate attainment of social order, help State’s pursuit of goals/purposes, assist society to achieve peace, harmonious coexistence with disparate cultures/interest groups/persons, … • Creates socially acceptable behavioural patterns thus facilitate prediction & identification of violators

6. Functions of the Law cont’d • Facilitates achievent of justice in society: Note; law & justice aren’t synonymous. • Indispensability of laws to the State is captured thus: • ‘the State is both the child & the parent of law’ (McIvers, no year in Chaturvedi, 2006, p. 169)

7. Labour (legally defined) • Nigeria’s Constitution’s Item 33 of the Exclusive Legislative list, 2nd Schedule defines labour to include: ‘trade unions, industrial relations, (employment) conditions, safety & welfare, of workers, industrial disputes, national minimum wages prescriptions (incl. those of subnational regions), & industrial arbitrations over most of foregoing issues, matters & subjects (Uvieghara, 2001, p. 2 citing Nigeria, 1999?, 2009? 2010?).

8. Nigerian Labour Laws • NLLs are Acts, Decrees, Policies, & other laws pertaining to labour (as defined above) i.e. Incl.: ‘trade unions, industrial relations, (employment) conditions, safety & welfare, of workers, industrial disputes, national minimum wages prescriptions (incl. those of subnational regions), & industrial arbitrations over most of foregoing issues, matters & subjects (Uvieghara, 2001, p. 2 citing Nigeria, 1999?, 2009? 2010?).

9. Limitations of current Nigerian labour laws • Ignores high unemployment problem: it’s projected: b/w (50%-71% of, or 40 million, youth have been unemployed (Ministers, Okoro, Ingwe & Ojong, Dec., 2011). • Yet since 1999 Constitution’s Social objectives promise excellent conditions (‘all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment’) (Nigeria, 1999- S. 17, pp. 12-3). The current scenario violates this promise, discriminates against youth & unemployed, yet there is no provision for somebody to be held accountable!

10. Conclusion • My presentations have shown you diligent workers vital points: • The language used in industry from various sides (labour or management or both) • Industrial relation b/w labour & management • The law regulating industrial relations b/w labour-management & 3rd parties –the damaging influence of Nigeria’s successive govt’s, especially the way the country’s laws have been contrived to stifle industrial democracy • You may not have got enough to be awarded a Ph.D in industrial relations, but you’ve received enough to better understand the industrial relations field • Remember, all industrial relations knowledge could be received in two days • However, the briefs you got her should whet your interest in the field, make you a better industry person, be you on labour’s side or management’s • Feel free to propose to your employer that you need to frequently attend industrial relations workshops of this type • Justify your proposal by arguing that it is the best way of improving relations in industry, any industrial establishment, anywhere

11. Thank you. See more of you • But this is hoping that we are taking a short break • There is need for us to see again, maybe in the next three months or thereabout to check out much things have changed or remained unchanged & what needs urgent attention • This is wishing you a prosperous, more harmonious industrial relations b/w you & your employer • Thank you indeed.