Kaduna State Governor, Nasir El-Rufai Sets Up Judicial Commission Of Inquiry To Inquire If NLC Have Right To Protest In Nigeria

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Wonders they say may never end, the Kaduna State Governor, Nasir El-Rufai has set up Judicial commission of Inquiry to inquire if members of the Nigeria Labour Congress have the lawful rights to protest or declare any industrial action in Kaduna state or any other state in Nigeria.

Governor Nasir El-Rufai inaugurated the commission this afternoon following the protest of warning members of the Nigeria Labour Congress declared in the state not too long ago over mass sack of workers by the Kaduna state government led by Nasir El-Rufai.

Excerpts of Governor Nasir El-Rufai inauguration speech is presented thus:

The Judicial Commission of Inquiry into the events and actions around the N.L.C Warning Strike has been inaugurated.

Members of the Commission have taken their oaths before Malam Nasir El-Rufai in a brief ceremony at the Council Chambers of Sir Kashim Ibrahim House, Kaduna.

The Judicial Commission of Inquiry, set up under the 1999 Constitution and the Commissions of Inquiry Law, CAP 34, Laws of Kaduna State, 1991, has the following members:
i. Honourable Justice Ishaq Bello, Chairman.
ii. A.V.M Rabiu Dabo
iii. Mr. Eyo O. Ekpo
iv. Mrs. Joan Jatau-Kadiya
v. Mr. Chom Bagu
vi. Dr. Nasirudeen Usman
vii. Malam Mohammed Isah Aliyu

Mr. Daniel Chukwudi Enwelum, SAN is appointed Counsel to the Commission, while Mr. Musa Kakaki, Esquire, will serve as Secretary to the Commission.

The Judicial Commission of Inquiry has the following terms of reference:

a) ASCERTAIN the precise chronology of events immediately preceding and during the “warning strike” of 16th to 19th May 2021;
b) INQUIRE into whether the N.L.C can lawfully declare a “warning strike” or any industrial action in any State in the Federal Republic of Nigeria.

c) ASCERTAIN whether the NLC or its affiliates complied with the Labour Act, Trade Union Act, Trade Dispute (Essential Services) Act and other laws in declaring and effecting the said “warning strike” in Kaduna State.

d) INQUIRE into whether the internal processes and procedures of the N.L.C at national and subnational levels were complied with in declaring the “warning strike”, in particular with regards to the powers and responsibilities of the affiliate unions in such matters.

e) INQUIRE into the actions taken by the N.L.C and any affiliate union(s) before, during and after the “warning strike” of 16th to 19th May 2021, and determine whether such actions amount to any breach of the Trade Union Act, the Trade Disputes Act, the Trade Disputes (Essential Services) Act, the Miscellaneous Offenses Act, the Quarantine Act, the Public Health Law and Penal Code Law of Kaduna State and other extant laws and regulations pursuant thereto.

f) INQUIRE into the roles of various actors before, during and after the said “warning strike”, and determine whether actions and omissions by the following organisations and persons amount to a breach of any extant laws:

i. The Nigerian Labour Congress and any affiliate union(s);
ii. The Transmission Company of Nigeria (T.C.N);
iii. The Kaduna Electricity Distribution Company (KAEDCO);
iv. The Nigeria Railway Corporation (N.R.C);
v. Federal Airports Authority of Nigeria (FAAN);
vi. Federal Ministry of Labour, Employment and Productivity;
vii. Federal Ministry of Power;
viii. Federal Ministry of Transportation;
ix. Federal Ministry of Aviation;
x. Mr. Ayuba Wabba;
xi. Mr. Joe Ajaero;
xii. Mr. Ayuba Suleiman;
xiii. The Nigeria Police Force; and
xiv. Any other association(s), organization(s) or person(s) that the Commission may consider necessary.

g) INQUIRE INTO, AND ASCERTAIN the economic losses incurred by citizens, businesses and the Kaduna State Government as a result of the “warning strike” of the N.L.C.

h) EXAMINE the national security implications and consequences arising from the actions undertaken by the N.L.C during the “warning strike”, and to invite submissions in these regards from, but not limited to:

i. The Nigerian Army
ii. The Nigerian Air Force
iii. The Nigeria Police
iv. Federal Ministry of Power
v. Federal Ministry of Transportation
vi. Federal Ministry of Aviation
vii. The Transmission Company of Nigeria (T.C.N)
viii. The Kaduna Electricity Distribution Company (KAEDCO)
ix. The Nigerian Railway Corporation (N.R.C)
x. The Federal Airport Authority of Nigeria (FAAN)
xi. The Department of State Security (D.S.S)
xii. Any other person(s) or organisations deemed necessary by the Commission.

i) INQUIRE INTO AND ASSIGN responsibility for acts of (i) trespass into public and private property, (ii) restraints of citizens’ freedoms, (iii) coercion, assault and trespass in forcing businesses and offices to close, (iv) assault of public officers, and (v) the unlawful closure of hospitals and discharge of patients by the N.L.C and its affiliates during the “warning strike” of 16th to 19th May 2021.

j) RECOMMEND to the State Government, Federal Government and other authorities on the appropriate actions to be taken to avert or curb any repeat of the events of 16th to 19th May 2021.

k) RECOMMEND any and all appropriate sanctions to be levied upon any person or organization that may have been found to be responsible for any losses ascertained by this Inquiry, along with compensation payable to person(s) or organizations(s) that suffered due to actions taken during said period of the “warning strike”.

l) RECOMMEND any civil remedies, criminal prosecution, policy measures or other actions that may be taken by the Kaduna State Government or recommended to be taken by the Federal Government arising from the “warning strike” of 16th to 19th May, 2021.

m) INVITE any individuals, organizations, associations and the general public to bring up memoranda, petitions and other form(s) of presentations that will assist the Commission in addressing these terms of reference.

n) SUBMIT a final report not later than 60 days after its first sitting.

Section 7 of the Commissions of Inquiry Law empowers the Commission to procure evidence from and examine such persons as it deems necessary or desirable.