Connect with us

News

Senior Lawyers Differ on Uniform National Minimum Wage, Say Nigeria Running a Federation

Published

on

As the crisis between the organised labour and the federal government over a new National Minimum Wage continues to brew, some Senior Advocates of Nigeria (SANs) have expressed divergent views on whether the proposed agreement between the two parties should be binding on state governments.

In their separate interviews with THISDAY, all the senior lawyers agreed that the issue of minimum wage is under the Exclusive List on Item 34 of Part 1 of the Second Schedule to the 1999 Constitution, which provides that the National Assembly has the power to “prescribe a national minimum wage for the Federation or any part thereof.”

However, Prof. Mike Ozekhome (SAN), Dr. Joseph Nwobike (SAN), Ebun Adegboruwa (SAN), Reverend John Baiyesea (SAN), Mallam Ahmed Raji (SAN) and Dayo Akinlaja (SAN), argued that Nigeria is a federation, where the different federating units should negotiate separately based on their individual financial capacities.

But human rights lawyer, Mr. Femi Falana (SAN), a former Chairman of the Nigerian Bar Association (NBA), Abuja Branch, Mr. Moses Ebute (SAN) and Abiodun Olatunji (SAN), insisted that by virtue of Section 4 of the Constitution, the National Assembly is exclusively empowered to legislate on National Minimum Wage in Nigeria.

This is as the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) described the claim by the Nigeria Governors’ Forum (NGF) that most of the states cannot pay a minimum wage of N60,000 as an act of bad faith.

Oyo State Governor, Seyi Makinde, however, insisted that the state governments should be allowed to sort the issues out with the organised labour.

“If you ask for my position on this issue, I will say the states should be left to sort themselves out with the labour,” Makinde told THISDAY last night.

According to Ozekhome, the power given to the National Assembly by the 1999 Constitution “is somewhat curious, as one would have thought that, given our federal as against unitary structure under the self-same Constitution, the National Assembly ought to only legislate for the federal workers, while states did the same for theirs. But that is clearly not the case.”

The constitutional lawyer stated that until the Constitution is amended, the National Assembly possesses the exclusive capacity to enact a national minimum wage for the whole country or any part thereof – which, obviously includes the states.

He, however, argued that in practice, the states have always prescribed their own minimum wages as dictated by their individual financial capacities, adding that the Edo State Government only just recently pegged theirs at N70,000.

On his part, Adegboruwa noted that Section 4 of the Constitution provides that only the National Assembly has the powers to make laws relating to issues of national minimum wage.

However, we run a federation, which consists of the federal government, the state government and the local government. When laws are made by the National Assembly, that applies to federal institutions and employees. So, it would be difficult for instance, for the National Assembly to make a law prescribing minimum wage for Lagos State, Kano State or for Rivers State.

According to him, when the National Assembly makes an Act such as the National Minimum Wage Act, the state Houses of Assembly should work to also implement and incorporate that Act into their own laws for the purpose of enforcement.

He insisted that the federal government is not competent to negotiate on behalf of the states on minimum wage for workers.

Also contributing, Nwobike said the state governments being a legal entity are independent, and are entitled to enter into negotiations with their respective labour unions before enforceable agreements can be reached or implied.

He said: “There is no agreement between the organised labour and the federal government which binds the state governments. The state governments are independent legal entities which are entitled to enter into negotiations with their respective labour unions before enforceable agreements can be reached or implied. That is the law.”

Also speaking, Reverend John Baiyesea (SAN) argued that rich states like Lagos, Kano, Rivers, should not be expected to pay workers the same amount  as Kwara, Ekiti, Niger, and Zamfara states, which are considered not to be rich.

“Therefore, negotiations ought to be from state to state based on capacities and capabilities of each state,” he said.

According to him, the National Assembly passed a National Minimum Wage Act of 2019, which fixed the minimum wage at N30,000 but up to 10 states have not been able to pay the N30,000.

Similarly, Dayo Akinlaja (SAN) also argued that states should negotiate their own minimum wage.

“It stands to reason and logic that since the states are not equally endowed in terms of resources and wherewithal, no one state should be compelled to pay the same minimum wage with another or the federal government. It has to be understood that this is one of the touchstones that fundamentally define and render what we practice to be at best a pseudo federal system,” he said.

According to him, “if there is any area that the Constitution has to be promptly tinkered with, this national minimum wage with its attendant debacle is a veritable one,” he added.

For Mallam Ahmed Raji (SAN), the federating units should negotiate their minimum wage because of the differences in their financial capacities.

According to him, the federal government should not negotiate for the states, adding that “in a federal system with a lot of distinct peculiarities in the states, it appears a bit odd.”

“The states are not equally endowed. A federal system promotes healthy competition among the states. Minimum wage is one area of competition,” he added.

However, human rights lawyer, Falana, insisted that by virtue of Section 4 of the Constitution, the National Assembly is exclusively empowered to legislate on National Minimum Wage in Nigeria.

On his part, Ebute noted that though Nigeria is a federation, the country does not have the attributes of other countries running a federation.

“The federating states in Nigeria were created by statute(s), unlike other countries where sovereign states came together to form a federation.

“Therefore, the issue of minimum wage cannot be resolved or settled by individual states. It is called national minimum wage and not state minimum wage,” he said.

Another senior lawyer, Olatunji argued that governors are also involved in the negotiation to ensure that their interests are protected.

“Once the national minimum wage is enacted into law, it is binding on all states. This means no state can legally pay below the minimum wage. However, states with better financial capacity are at liberty to pay above the minimum wage,” Olatunji added.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Abuja Reports

Atoyebi Adewumi Wins 4th National Essay Competition, Beats 2,000 Contestants

Published

on

By

By Samson Adeyanju

Atoyebi Adewumi has emerged winner of the fourth edition of the National Essay Competition, beating more than 2,000 contestants in an intellectual contest aimed at promoting academic excellence, critical thinking and creative writing among young Nigerians.

The competition, which focused on the relevance of taxation to national development, challenged participants to examine the role of tax revenue in financing public services, stimulating economic growth and strengthening the relationship between government and citizens.

The initiative provided a platform for young Nigerians to demonstrate their writing skills, articulate informed perspectives on national issues and contribute ideas towards building a more responsible and progressive society.

Speaking after being declared winner, an elated Adewumi expressed gratitude to the convener, Foluso Sylvanus Ojo, and the organising team for providing young Nigerians with an opportunity to showcase their intellectual abilities.

“I am so glad, very, very glad, to have this privilege of emerging as the winner. I am grateful to the convener and the entire team, as well as everyone who supported this vision,” Adewumi said.

In his remarks, Ojo expressed concern over the tendency to criticise the attitudes and lifestyles of younger generations without providing adequate opportunities to nurture their talents and channel their energies towards productive pursuits.

He called on the government, corporate organisations and nongovernmental organisations to invest more in educational initiatives that promote intellectual excellence, creativity and responsible citizenship.

According to him, sustained investment in academic competitions and youth development programmes would encourage discipline, innovation and a stronger commitment to national development.

Drawing a comparison with the substantial cash prizes awarded in some reality television competitions in Nigeria, Ojo argued that students and intellectually gifted young Nigerians deserved greater recognition, financial support and encouragement.

“I believe the government should support initiatives like this because individuals need supportive hands, especially from the government. When they receive such support, they become more confident and motivated to continue their good work,” he said.

Ojo maintained that society could not continue to complain about the attitudes and lifestyles of young people without deliberately investing in programmes that encourage positive values and productive engagement.

The fourth edition of the competition also underscored the importance of tax awareness among young Nigerians, highlighting how effective taxation, transparency and accountable governance could contribute to improved infrastructure, education, healthcare and other essential public services.

Beyond celebrating the winner, the competition reinforced the need to identify, encourage and empower emerging intellectual talents capable of contributing meaningfully to Nigeria’s development.

Winner of the 5,000,000 naira

Winner of 3,000,000 naira

Winner of 2,000,000

All the participants 

Continue Reading

Abuja Reports

20 Finalists Begin Final Stage of National Essay Competition

Published

on

By

By Samson Adeyanju

Twenty finalists from across Nigeria have begun the final stage of the fourth edition of the National Essay Competition in Abuja, following an orientation session designed to prepare them for the decisive examination.

The finalists arrived in the Federal Capital Territory for a four-day, all-expenses-paid programme featuring the essay examination, institutional tours and opportunities for learning and networking.

The competition, the brainchild of Mr Foluso Ojo, is sponsored by the Nigeria Revenue Service (NRS).

Ahead of the examination, the finalists participated in an orientation session led by Professor Omotosho Borisade of Ekiti State University, who serves as the competition’s umpire.

The session familiarised participants with the competition’s rules and regulations, examination guidelines and assessment criteria, helping them understand the requirements of the final stage.

The essay examination is scheduled to begin today at 9 a.m., after which the finalists are expected to embark on institutional tours around Abuja.

The programme is designed to extend beyond the contest itself, exposing the finalists to new learning opportunities, professional connections and experiences in the nation’s capital.

The competition brings together young Nigerians to demonstrate their writing ability, knowledge, creativity and critical-thinking skills as they compete for the top honours.

With the finalists prepared for the examination, attention now turns to their performance and the eventual emergence of the competition’s champion.

 

Continue Reading

News

Pastor Ogundipe Decries Lack of Integrity Among Educated Nigerians

Published

on

By

By Samson Adeyanju

Pastor Alex Ogundipe, Chairman of the Governing Board of Christian Heritage International Bible College, Kubwa, Abuja, has expressed concern over the growing number of educated Nigerians who lack the character and integrity required to make meaningful contributions to society.

Ogundipe raised the concern during the matriculation ceremony of the institution’s 60 pioneer students, stressing that academic qualifications without moral discipline and upright character could undermine national development.

According to him, Nigeria has many knowledgeable and academically accomplished individuals whose inability to demonstrate integrity has negatively affected their contributions to their families, workplaces and communities.

“We have too many people in this country who are knowledgeable and wise in their own ways, but they do not have character and integrity. That affects their ability to impact their communities,” he said.

The cleric emphasised that education must go beyond the acquisition of certificates to the development of individuals who demonstrate honesty, accountability, faithfulness and commitment to serving humanity.

He explained that true integrity required consistency in personal conduct, whether at home, in the church, at work or within the larger society.

Ogundipe said the college was established not merely to impart biblical knowledge but to raise men and women whose lifestyles reflect Christian values and whose contributions would positively influence society.

He urged Christian leaders to demonstrate their faith through practical actions rather than mere religious declarations.

Speaking on Nigeria’s future, the cleric encouraged citizens to remain hopeful, pray for the country and contribute meaningfully to national peace, unity and development.

Earlier, the Rector of the institution, Pastor Samson Olukayode Aliyu, challenged the matriculating students to prioritise spiritual maturity and moral discipline alongside academic excellence.

Aliyu warned against examination malpractice, plagiarism, dishonesty and other forms of misconduct, stressing that academic certificates could demonstrate knowledge but could not substitute for good character.

“The Church does not only need gifted people; it needs godly people. We need leaders who will choose integrity over compromise, humility over pride, faithfulness over convenience and service over self-interest,” he declared.

He explained that the college offers six-month certificate programmes in theology and one-year diploma programmes in theology, leadership and prophetic studies.

One of the matriculating students, Akeem Omobolanle, who enrolled in the Diploma in Leadership programme, commended the institution’s approach to biblical education and expressed optimism that the training would strengthen his understanding of the Scriptures and prepare him for greater service in Christian ministry.

The ceremony marked the formal admission of the college’s pioneer students into its academic community.

Continue Reading

Trending