Workers vs Chime: The unending war in the coal city.

In spite of the suspension of the strike over the fuel subsidy removal, writes that civil servants in Enugu State are still at loggerheads  with the Governor Sullivan Chime administration over the non-payment of their September salaries

In the weeks ahead, civil servants in Enugu State may have no option than to kick against Governor Sullivan Chime, for allegedly declining to order the payment of their September 2011 salaries, despite a series of pleas and entreaties. More worrisome is that magistrates in the state judiciary are also caught up in the web of the nonpayment of the September 2011 salaries.

The civil servants seem poised for a showdown with Chime, especially now that the governor prevented them from protesting the removal of fuel subsidy.

But the government says it is merely implementing the ‘No Work, No Pay’ policy. According to the Commissioner for Information, Mr. Chuks Ugwoke, “since the workers did not work in the period under review, there is no way they would be paid.”

Yet the workers said that they did not work because they embarked on “a legal strike” to demand ‘full payment’ of the new minimum wage, which was not, implemented as at that time. They posited that the strike was legally embarked upon in all the states of the federation and monitored by the national leadership of the Nigeria Labour Congress. “Why then should the case of Enugu State be different?” a civil servant asked.

Back to the main issue, the civil servants in the state said recently that as soon as the saga between the Federal Government and the organised labour over the removal of subsidy was resolved; they might shut down the state with series of protests.

A magistrate, who spoke under anonymity, confirmed that they had not been paid their salaries for September 2011. According to the magistrate, “the nonpayment of our September 2011 salary has been sent to the appropriate quarters in government and we are awaiting their response.” For some obvious reasons, it is clear that magistrates and judges do not come open to address issues of this nature on their own. Rather, other prominent actors in the judiciary do the talking on their behalf.

Several telephone calls were placed to the Chief Registrar of the state High Court, Chief Magistrate Dennis Eko, to confirm this but he did not pick.

But according to a  source in the state judiciary, the magistrates performed their duties in September 2011 even under the threat of insecurity. According to the source, “some of the magistrates sat and did overnight cases in police stations, especially at the state Criminal Investigation Department because there were so many people in police custody; and there was a dire need to decongest the cells.”

The source added, “They sat over those cases at the police stations because the courts were locked since workers were on strike. One of such times was when Chief Magistrate Phil Nwankwo sat under tight security and presided over the case against Osmond Ugwu, a factional leader of the Enugu NLC, and another.

An Enugu-based lawyer, Mrs. Chidi Obeke-Okoli, said, “It is disturbing and unbelievable that magistrates are among those owed the said September salary. In my opinion, this is what I consider a desecration of the bench and an obvious invitation to corruption on the bench. I heard that they were not paid, but also shocked that up till now the governor has been grandstanding on the issue.

“Legally speaking, our constitution in Sections 4, 5, and 6 has provided for the three arms of government: the Legislature, Executive and the Judiciary. The aim is to create separate functions for each arm and ensure checks and balance. Part II of the Third Schedule of the same constitution has also made provisions for the state civil service commission and the judicial service commission. When you look at those provisions you will find out that it is the judicial  service commission that has the powers to hire and fire judicial officers, including the determination of who has worked and who did not work. This is only happening because the three arms of government are not truly independent because of the meddlesomeness of the executive arm of government.

“I therefore call on the governor to give immediate instruction for the payment of the withheld September 2011 salaries not just to the magistrates but also other civil servants in the state.”

When reached on her mobile telephone to react to the allegation, Nebo did not pick her calls and did not reply the text messages sent to her phone.

A senior staff in the Customary Court of Appeal who did not benefit from the largesse prompted by governor’s sister said, “This is not unconnected with the fact that the three arms of government are not really independent.” He added, “It is an abnormality for the executive arm of government to be dictating what happens in the judiciary.”

While the civil servants gear up for a ‘mother of all battles’ with Chime in the event that September 2011 salaries are not paid as soon as possible, the last may not have been heard of the minimum wage and labour controversy in the state.

Just last week, the Aba Unit of the Civil Liberties Organisation called on the Enugu State Government to effect the release of the NLC factional leader in the state, Osmond Ugwu from detention.

The CLO Chairman, Dr. Charles Chinekezi, explained that Ugwu’s detention reminds the citizenry of the dark days of military dictatorship.

He said, “We condemn the detention of Ugwu, and call on the Enugu State Government to release him. There is no doubt that his incarceration is politically-motivated; this is because of his unrelenting efforts to better the lots of Enugu workers. The allegation of attempted murder is unfounded. Government should release him.

“The resort to intimidation of the opposition which the Enugu State Government has demonstrated through Ugwu’s incarceration will not only aggravate the problem, but also lend credence to the widely held views that Chime’s administration does not tolerate opposition.”

As individuals, clerics, and groups within and outside the state, continue to appeal to Chime to release Ugwu and another detained labour leader, Raphael Elobuike, the governor has so far, rebuffed them. 

Interestingly, Ugwu and Elobuike have been in detention for almost three months on the orders of an Enugu Magistrate Court. However, Chime, through Ugwuoke, insists that the government has no hand in Ugwu’s ordeal. 

More so, members of the organised labour, who attempted to protest in Enugu last week against the removal of fuel subsidy, clashed with the police at the entrance of the state secretariat of the NLC.

The labour activists attempted to take off from the premises of the secretariat, but riot policemen, prevented them from going out.

The security operatives cordoned off the Secretariat, reportedly on the orders of Chime, who had prohibited any assembly or protests from groups in the state. 

A source in the state police command said the police stopped the workers from carrying out the protest “because hoodlums may hijack it and disrupt peace in the state.” But most of the workers insisted that the police were economical with the truth.

A labour leader said, “Our problem is the other (factional) Chairman, Mr. Chumaife Nze. After the meeting he had with the governor last Sunday night, his stance changed. He has compromised the struggle and we demand his resignation. He has refused to resign and we may have no option but to forcefully remove him. For the police, they are only acting out a script.”

Even with the allegations against him, Nze still says he never compromised the struggle.

He said, “I am in support that the fuel subsidy stays. We would not relent in ensuring that we continue the struggle against the removal of fuel subsidy.”