Opinion
What Manner Of Amendment?
In their characteristic manner of acting contrary to public opinions or popular views of Nigerians, Nigerian Senators once again demonstrated their anti-people inclination and disdain for the masses when they proposed the decentralisation of minimum wage and its excision from the exclusive legislative list to the concurrent legislative list in the 1999 constitution currently undergoing amendment.
The decision of the Senate clearly indicates that the upper legislative arm is acting in contempt of the will of the Nigerian people and is indeed anti-people. This is because the move is hazardous to the interest of the Nigerian worker and has created two regimes of minimum wage thus excluding the private sector in the fixing of wages in the country.
Certainly, the proposed decentralization of the wage law will corrode the already diminishing earning power of the average Nigerian worker and ensure that he is further impoverished. For voting to remove the Minimum Wage Law from the exclusive list, the Senate has violated the International Labour Organisation Convention 131, which the country is a signatory to.
There is no gainsaying the fact that our Senators are selfish and self-serving. They have always failed to come to the rescue of Nigerians at very critical moments. For instance, whereas the House of Representatives members were on the side of the people in the mass protest against fuel subsidy removal in January 2012, Senators justified the indefensible action of the Federal Government in withdrawing the subsidy. There abound other instances where our distinguished Senators jettisoned Nigerians when their cooperation and understanding were needed most.
Never in the history of Nigeria, not even in the military era, have we witnessed such a charade and travesty of the popular will of the people as was manifested in the Upper House recently. Ironically, the lawmakers conducted public hearing in the various senatorial districts across the country on each item to be amended in the constitution, but the minimum wage law was not part of what were presented to Nigerians by the Upper Legislative chamber for deliberation. Even if it was, labour unions were not invited to take part in the debate. So, why would the Senate seek to exclude the people from having a say on this matter only for it to be smuggled in through the back door?
In the outcome of the nationwide constituency consultation conducted by the House of Representatives before debates commenced on the amendments, the Nigerian people voted overwhelmingly in favour of the retention of the minimum wage law on the exclusive list. Since the Senate failed to accord the same opportunity to Nigerians to decide on the issue, one expected that the finding of the House should have provided them a clue to a conclusion on the matter, and not to act in subversion of the people’s will. Surprisingly, even the local government autonomy that was canvassed by Nigerians was voted against.
If this unfortunate proposal goes through, it will have an unfavorable implication to the effect that two regimes of minimum wage will now exist in Nigeria (federal and state). In this case, government as an employer may have performed its duty; what about government as a sovereign authority, socially contracted to all its citizens? This is where the Senators’ suggestion comes short of sound logic.
In other words, this arrangement completely edges out a vital sector of the society which is the private sector. Does it mean that this sector has the liberty to do as it pleases in fixing the minimum wage for its workers? Then how many minimum wages will exist in the country?
It is indeed ridiculous for the Senators to propose the decentralization of minimum wage against Nigerian workers, while on the other hand, they merrily voted with an overwhelming majority life pension for the leadership of the upper chamber. The action of these lawmakers speaks volume of the electoral process that brought them into office.
In line with global best practice, constitutional amendment should be made a process-led approach and a bottom-up exercise. Short-changing the will of the people through ‘voting’ that deprives workers their hard earned remunerations, obliterates the very essence of legislature as the mouthpiece of the people.
The voting pattern of the Senate which pitches them in exact antithetical position to virtually everything Nigerians stand for in the ongoing constitution amendment is most unfortunate and inimical to our infantile democracy. It is clearly an invitation to anarchy in the country. This unique attempt by a democratic dispensation to foist on Nigerians an amended constitution is a betrayal of trust and a pain to the people.
However, I am optimistic that the House of Representatives will not vote in the pattern of the Senate but the Honorable members will vote in accordance with the wishes of the people by ensuring that the minimum wage remains on the exclusive list and all the other items popularly canvassed by the people will be given assent accordingly.
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