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Editorial

Criminalising Casualisation, Job Outsourcing

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The fact about the alarming data released by the organised private sector unions indicating that over 70 per cent of Nigeria’s workforce in the private sector is casualised is no longer news. Casualisation is the practice of employing temporary staff for short periods rather than make them permanent staff. Unfortunately, this phenomenon, aimed at saving costs, is gradually creeping into the public sector.
Under the arrangement, the worker is not entitled to any perks such as transportation, leave, medical allowances or special benefits package. Besides, the worker’s take-home pay is so miserable that it can hardly take him/her home. To make matters worse, the typical casual worker gets a miserable N500 per day.
But then, casualisation is thriving because of the high rate of unemployment, even though it contravenes Section 7 (1) of the Labour Act, Cap 198, Laws of the Federal Republic of Nigeria, 1990. The Act provides that, “Not later than three months after the beginning of a worker\’s period of employment with an employer, the employer shall give to the worker a written statement specifying the terms and conditions of employment, which include the nature of the employment and if the contract is for a fixed term, the date when the contract expires.”
As if to boost the Labour Act, Section 17(a) of the 1999 Constitution condemns casualisation because it is at variance with its provisions, which guarantees equal pay for equal work. Furthermore, Convention 153 of the International Labour Organisation (ILO), which Nigeria is a signatory, does not support any form of discrimination in the workplace.
In fact, the section holds that casualisation is out of tune with 21st Century best practices. Hence, the discrimination in pay between permanent and casual employees should not exist. Besides, the section frowns against discrimination on account of sex or any grounds whatsoever.
But casualisation is growing at a worrisome rate as available statistics show that preponderance of casual workers is in the telecommunications, oil and gas, banking, insurance, mining and steel sectors. To put it in proper perspective, available statistics shows that about 70 per cent of workers in most of these companies are on casual fringes. Sadly, outsourcing is also used interchangeably with casualisation in all these sectors as a ploy to avoid regularising their employment.
More disturbing is that expatriate companies, mainly those owned by Chinese and Indians, are the worst culprits. Nigeria is a haven for their illicit and inhuman ventures.   But can they succeed without connivance with unpatriotic, highly-placed Nigerians? The answer is no.
There is no gain emphasising the fact that Nigerian workers, through the Nigeria Labour Congress (NLC), have been battling unrelentingly to eradicate casualisation, but the desired result is yet to be achieved. Therefore, a legislation to end casualisation becomes necessary and urgent.
It is against this backdrop that The Tide welcomes the recent move by the House of Representatives to criminalise employing workers on casual contracts beyond six months and the prohibition of outsourcing of jobs to third parties, while any casual workers sacked by an employer after six months will be entitled to the benefits of full-time workers for six months, being proposed in the Labour Act (Amendment) Bill 2019 awaiting second reading by the House.
According to the proposals, the amendment to Section 8 of the Principal Act would now read, “(1) Every worker in Nigeria engaged or employed by and has remained in such employment for a period of not less than six months shall have his employment or engagement regularised by the employer as a full and permanent worker of such employer with all its accompanying entitlements.”
The new Section 9 of the principal Act will now read, “(1) Notwithstanding Section 25 of this Act, an employer, who has obtained the Minister’s licence, employment outsourcing by such employers within its core aims and objectives of operation is hereby prohibited. It is an offence for an employer to pay another person, whether corporate or natural person, for services rendered to it by its worker.”
Recently, the Campaign for Democratic and Workers’ Rights in Nigeria, a non-governmental organisation, heightened fears that the situation would worsen as employers prefer to outsource staff.
We, therefore, see the proposed law which states that failure by any employer to comply with Subsections 1 and 2 will constitute an offence, which will attract a two-year sentence, N2 million fine or both as concrete efforts towards protecting workers in the country.
Although the rapid increase in both the casualisation and outsourcing trends is attributed to the global economic and employment crises that have continued to threaten the future of developing economies such as Nigeria, its continuing practice remains a serious challenge to the nation.
We are not oblivious of the characteristics of casualisation in concrete terms; the act forbids the employment of workers beyond three months without employment letter detailing the conditions of service, among other provisions of the act. But in all sectors of the Nigerian economy, this law is only obeyed in the breach by employers with impunity and without qualms. In both public and private sectors, what is known as precarious or casual worker is the trend.
While we also appreciate move by the Senate to stem the tide, we believe that the situation requires a more desperate intervention. Casualisation is a modern-day slavery. To associate our economy with it will continue to diminish high profile rating that Nigeria expects among the comity of nations. Therefore, nothing less than speedy passage of the amendment bill is expected.

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Editorial

S’ South: Need For Unity

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On Monday, March 16, 2020, a team of leaders of the Niger Delta region was in Government House, Port Harcourt, on a special visit to the Governor of Rivers State, Chief Nyesom Wike. The mission of the high-powered delegation was to prevail on the Rivers State Chief Executive to be the arrowhead of the push for the development of the richly endowed but largely marginalized region.
Leader of the team, Elder T.K. Ogorimagba, disclosed that their visit was primarily to urge Gov Wike to consider being the number one advocate for the development of the South-South region.
Accordingly, the elder statesman described Wike as the ‘Advocate of the region’, and urged the Rivers State governor to host a conference of ethnic nationalities of the South-South region to strategise on achieving consensus on promoting the development of the area.
This was after a member of the Rivers State House of Assembly, Hon Smart Adoki, had intimated the governor that the Niger Delta leaders were in Government House to thank him (Wike) for providing leadership for the region and to appeal to him to work for the restoration of the Presidential Amnesty Programme (PAP) in the interest and benefit of the people of the region.
In his response, Governor Wike decried the manifest disunity and disharmony among the ethnic nationalities in the Niger Delta and called for unity and a commitment to building a strong bond of togetherness that will foster the needed development of the region.
The governor emphasised that discordant voices from the same region along ethnic and political affiliations will not only continue to tear the region apart but will also continue to empower the forces of social, political and economic marginalization, oppression and suppression against the people of the Niger Delta.
“We must speak with one voice, irrespective of the political party that we belong to. The time has come for us to work together. If we don’t work together, we will continue to lose out,’’ he said, adding that ‘’ the song we should sing is the Niger Delta, not that of any specific ethnic group.
‘’When we sing the song of any specific ethnic group, it is difficult to unite. Let’s not restrict our struggle to that of any particular ethnic nationality.’’
Governor Wike noted that ‘’It is unfortunate that the NDDC cannot deliver on regional projects. There are no interstate roads and NDDC has not done any major project. Instead, the NDDC is engaged in micro projects to promote political interests.’’
The Tide cannot agree any less with the Rivers State Chief Executive that the Niger Delta region needs unity of purpose and a strong synergy among its diverse ethnic nationalities in order to attract a better deal and an enhanced living condition for the people.
It is, indeed, not difficult to see, as the governor noted, that interventionist agencies like the Niger Delta Basin Development Authority (NDBDA), the Niger Delta Development Commission (NDDC), among others, have not been able to effectively deliver on their mandate of changing the squalid physical, social and economic conditions of the region largely due to lack of coordination, synergy and singularity of medium of articulating the position of the region on the national stage.
We equally agree with the governor that the time has come for the region to harness the strength and benefits inherent in unity and togetherness. The politicisation of the agencies of government, including the Ministry of Niger Delta Affairs, intended to midwife development, with the active unholy connivance of ethnic, political and other vested interests in the region, must stop forthwith.
In this regard, it is heartwarming to note that the governors of the region recently resumed their meeting in Asaba, the Delta State capital, and came out with a renewed commitment to collectively tackle common problems and challenges facing the region.
With the governors showing the direction and leading the way, other critical stakeholders should not have difficulty taking a cue and following the guide.
We, therefore, think that traditional rulers should follow suit while ethnic groupings should endeavour to promote and propagate regional agenda above their individual group interests.
Ethnic-based youth councils and movements should also be prevailed upon to emphasise and pursue overall regional agenda as against championing primordial causes to the detriment of collective regional goals.
From every section and every quarter, there needs to be a convergence and unanimity in agitation for emphasis on competence and passion for the development of the area as the only guide in the appointment of helmsmen for NDDC, PAP and similar agencies.
The era of ethnic nationalities, political parties and other interest groups agitating for their own to be given such positions in view of giving them undue advantages without fair and due consideration for the greater wellbeing and benefit of the whole region should be gone for good.
A house divided against itself, they say, cannot stand. And indeed, a region with common shared ecological, environmental, social, economic and cultural problems as we have in the Niger Delta cannot overcome its peculiar challenges except with a concerted, unified, coherent and focused resolve.

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Editorial

Still On COVID-19

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Since Coronavirus (COVID-19) first reared its ugly head in December, 2019, in far away Wuhan, a city of 11 million people in China, a lot has changed. It has apparently turned the world upside down. Peace and tranquility which the people have hitherto enjoyed without inhibition seem to have deserted the globe. Panic and fear have crept in and becoming the order of the day in virtually all continents of the world.
Moreover, things appear to have really fallen apart and the centre seems not to hold any longer. The respiratory disease which the World Health Organisation (WHO), aptly described as a global pandemic, has continued to ravage and make mince meat of mankind, leaving in its wake pain, anguish and thousands of deaths. What is happening in the world today is only comparable to a war time.
Worse still, there is no sign of it abating in sight, as no vaccine for its cure has been discovered, even though scientists and medical experts are working round the clock to provide a panacea. At the last count, over 30,000 persons have died from the virus across the globe.
In fact, the rapidity with which the pandemic is spreading across the globe is unprecedented, most astonishing and alarming. In the history of the world, there is nothing compared to it. In response, and as a way of checking the widespread of the virus, various measures have been put in place.
There are massive lockdowns all over the world. Today, sporting events and activities are suspended or outrightly cancelled; and airports are closed. Businesses, contracts and appointments are put off; with heavy tolls on mankind. Stocks have continued to have free falls. Global oil prices have crashed. There are travel bans and restrictions here and there.
Today, the world is literally at a standstill; it is virtually convulsing, courtesy of the Coronavirus pandemic. Overnight, the fear of COVID-19 has become the beginning of wisdom in almost all countries of the world. As the International Monetary Fund (IMF) recently asserted, “monitoring, containing and mitigating the effects of the disease should be top priorities for countries”.
Interestingly, several countries have swung into action to contain the spread of the ravaging monster. In Nigeria, for example, which has confirmed 131 cases so far, with two deaths, the Federal Government has taken drastic measures to curtail the spread of the disease.
It had earlier announced the closure of Port Harcourt International Airport, Omagwa; Mallam Aminu Kano International Airport, Kano; and the Akanu Ibiam International Airport, Enugu; and later placed total ban on international travels at all the airports in the country. It equally imposed travel ban on 13 countries which it considered to have high risk of the pandemic as well as banned public and civil servants from foreign travels, among other measures.
On Sunday, President Muhammadu Buhari addressed the nation on the situation and revealed the measures and some palliatives the government has put in place to cushion the effects of the disease on the citizenry.
We boldly state that some of the palliatives are not what Nigerians are expecting from the government today. The Federal Government should borrow a leaf from other countries which are providing other forms of palliatives to their citizens.
Most significantly, as soon as the news of the outbreak of the pandemic broke, the Rivers State Government swung into action by constituting a five-man Inter-Ministerial Committee on Enlightenment and Awareness Creation on COVID-19, to undertake aggressive sensitisation campaigns to check the menace of the contagion in the state. The committee, headed by the State Commissioner for Information and Communications, Pastor Paulinus Nsirim, has not relented in intensifying the campaigns by reaching out to critical stakeholders in the state.
Sensitisation jingles and messages aired on radio, television and newspapers, which the state government through the committee has powered, are no doubt going a long way to put the disease under control in the state.
These are beyond the efforts being personally made by the state Governor, Chief Nyesom Wike, to contain the spread of the disease in the state. First, the Governor directed all schools and tertiary institutions in the state to shutdown till further notice. Regrettably, Rivers State has recorded one index case as confirmed by the Nigeria Centre for Disease Control (NCDC).
In furtherance of the commitment of the state government to protect Rivers residents, Governor Wike also announced the closure of all borders including air, sea and land routes into the state to traffic and banned vehicular movements in and out of the state. He equally closed down all public parks, night clubs and cinemas till further notice and banned public burials and wedding ceremonies across the state. He has signed the Executive Orders to give verve to all the directives issued by the state government to check the spread of the disease.
The government had earlier set up a 12-man task force on enforcement of the ban on public gatherings and places of worship headed by the Governor as a way of containing the spread of the disease.
Indeed, The Tide commends the actions taken by the state government so far to ensure that the incidence of COVID-19 in the state is reduced to the barest minimum. We believe that this is not the time to let down the guard. The sensitisation campaigns must be intensified.
The closure of the state’s borders by the Governor was the real icing on the cake in terms of the proactive measures adopted by government to contain the spread of the disease in the state. In fact, the government needs the support and cooperation of the Federal Government as well as all and sundry, to ensure that this particular measure works effectively.
We are also elated that the government is strengthening and enhancing the surveillance measures already in place to prevent the importation of the virus into the state. The truth remains that the battle against the pandemic is a battle that must be fought and won. For this to be realised, we think, all hands must be on deck.
All residents of the State must, therefore, observe basic principles of hygiene as recommended by experts by washing their hands regularly with soap and using alcohol-based sanitisers as well as keeping their immediate surroundings clean at all times. This is because, as they say, cleanliness is next to Godliness.
Again, the social distancing policy of the government must be strictly obeyed and enforced among other directives issued by the state government to actually contain the spread of COVID – 19.

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Editorial

No To Generator Ban Bill

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A few months after the Senate rejected a resolution to ban the importation of generators,
the Senator representing Niger South, Alhaji Bima Enagi, initiated a bill that seeks to prohibit the importation and use of generating sets in Nigeria.
Titled “A bill for an Act to Prohibit/Ban the Importation of Generating Sets to Curb the Menace of Environmental (air) Pollution and to Facilitate the Development of the Power Sector,” it stipulates, at least, 10 years imprisonment for an offender.
The proposed law also notes that “Approval for exclusion shall, however, be obtained from the Minister of Power, who shall brief the Federal Executive Council quarterly on approvals granted.” The bill further directs “all persons to stop the use of electricity generating sets which run on diesel/petrol/kerosene of all capacities with immediate effect, in the country.”
The bill excludes generators for essential services, especially for medical purposes (hospitals and nursing homes and healthcare facilities), airports, railway stations/services, elevators (lifts), escalators, research institutions and facilities which require 24 hours electric power supply.
Ostensibly, the bill seeks to curb environmental pollution and accelerate the pace of development of the power sector. Obviously, there is an overwhelming decoy to view the new bill as stemming from patriotic zeal. But a critical appraisal easily uncovers the hollowness and utopian disposition of that piece of proposed legislation.
The projected law is inoperable and a barefaced invitation to a catastrophe of unimaginable proportions. Ironically, the same reasons that lent the ban unworkable for people in essential services form the basis for its likely failure. For now, the necessary and sufficient conditions for the anticipated law to achieve the touted objectives are non-existent.
The bill is vacuous and, therefore, should not have passed through the first reading. Having gone through that level, it should be discontinued forthwith to conserve public funds and save more of valuable legislative time. Elsewhere, painstaking research and intellectual rigour are put into the conception and reflection of bills that serve the public interest, but this bill bears no such nugget.
In their quest to expedite action on the bill, the Senators seem to care less about the facts on the ground concerning the generation, transmission and distribution of electricity in Nigeria. For example, in mid-2019, electricity power generation dwindled from 4,000 megawatts to an abysmal 2,039 megawatts.
On April 25, 2019, there was an entire shutdown of Egbin, Omotosho, Olorunsogbo and Papalanto Power Stations. There has been a significant abatement in power supply to Nigerian households from 42 percent attained in the fourth quarter of 2018 to 37 percent in the first quarter of 2019. Public power supply to commercial and productive establishments was worst during the same period.
This is why we gasp in amazement at this projected law. No one is in doubt that generators are a nuisance and a national pandemic, posing a huge threat to the health and well-being of Nigerians. It is equally correct that the device consumes about $14 billion import bills annually, but there is a need to inquire into the reason for their prevalent use.
Of course, it is the epileptic public power supply in the country. The truth is, without generators, the Nigerian economy will flounder as businesses reckon on them for survival. Every institution (public or private), including the formal and informal sectors of the economy, depends on them for power supply. This is why they are a necessary evil.
To advance electricity supply in the country, the federal government privatised the power sector in 2013, leading to the creation of 11 distribution companies (DISCOs). But year after year, both the government and the DISCOs have always blamed and accused each other for being responsible for the inadequate power supply.
We are aghast at why our Senators keep introducing bills against the use of generators in a country with a brazenly capricious power supply. Even President Muhammadu Buhari’s office was projected to spend N46 million on fuelling generators in the 2019 federal budget.
Rather than become upset at the importation of generating sets, the Senators should examine how the country got into this mess, and why the federal government injected a prodigious N1.7 trillion into the power sector following the privatisation with its 49 percent equity stake, while the DISCOs, who are major stakeholders, have invested only a pittance. Having investing such whopping sum to improve public power supply in Nigeria, the situation appears worse now than ever before.
Although Senator Enagi’s bill may be charitable, it is hasty. Nigeria must first address the hazardous power supply situation before considering a bill to outlaw generators, if need be. In a country where the national grid collapses customarily without these generators, what will be left of the economy?

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