Victimizing workers: Controversial suppression of trade unionism at WAEC

Article written by Vice Chairman/Chairman, Human Rights Committee Nigerian Bar Association (NBA) Epe Branch, Ivo Takor, mni Esq.  

In December 2024, members of the Non-Academic Staff Union of Educational and Associated Institutions (NASU) West African Examination Council (WAEC) branches across Nigeria embarked on a four-day strike to protest the refusal of the WAEC Management to implement a 30% salary increase. This increase was part of an agreement with the unions following the enactment of the National Minimum Wage Act. However, instead of fulfilling the agreed-upon increment, the Management opted to pay only 25%. The strike was eventually suspended after further negotiations led to an additional 2.5% increase, bringing the total salary adjustment to 27.5%.

In what appears to be an act of victimization against workers and the unions for participating in the strike, the WAEC Management, under Dr. Amos Josiah Dangut, Head of the National Office of WAEC Nigeria, issued an internal memo on January 6, 2025. The memo, with Reference No. L/GAD/26/235, was titled “A Stoppage of Deductions of SSA and NASU Dues and Other Fund Collections.”

The stoppage of check-off dues deductions for members of NASU by the WAEC Nigeria National Office is a blatant violation of established labour laws and international conventions. This action contravenes Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which guarantees workers the right to freely associate and participate in trade union activities. It also breaches International Labour Organization (ILO) Conventions 87 and 98, which protect workers’ rights to organiseand bargain collectively, as well as Section 17 of the Trade Unions Act, which mandates employers to deduct and remit union dues.

By suspending check-off dues as a retaliatory measure against NASU members for engaging in lawful industrial action, WAEC is not only undermining trade unionism but also engaging in unfair labour practices. This move threatens the collective bargaining process and sets a dangerous precedent for labour relations in Nigeria. In this article, we will examine the legal and ethical implications of WAEC’s actions and the need for an immediate reversal to uphold the rights of workers.

The right of workers to freely associate and participate in trade union activities is firmly guaranteed under Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). This constitutional provision explicitly allows workers to belong to trade unions for the protection of their interests.

Furthermore, Section 17 of the Trade Unions Act, Cap T14, Laws of the Federation of Nigeria 2004, mandates employers to automatically deduct and remit trade union dues from the salaries of workers who are members of a registered trade union.

Against this backdrop, the decision by the WAEC Nigeria National Officeto suspend the deduction and remittance of check-off dues for members of the NASU is unlawful, unjustifiable, and an attack on trade unionism. WAEC’s action not only undermines the statutory rights of workers but also contravenes International Labour Organization (ILO) Conventions 87 and 98, which Nigeria has ratified, guaranteeing workers’ rights to organiseand bargain collectively.

The automatic deduction and remittance of check-off dues is not subject to the employer’s discretion. WAEC’s unilateral suspension of these deductions amounts to unfair labour practice and a deliberate attempt to weaken union activities. More concerning is the fact that this action appears to be a retaliatory measure against NASU members for exercising their lawful right to industrial action, a move that violates fundamental labour rights.

This article examines the legal and ethical implications of WAEC’s decision, highlights the dangers of employer interference in trade union activities, and the need for an immediate reversal of this unjust action to uphold workers’ rights and protect the integrity of collective bargaining in Nigeria.

Dr. Amos Josiah Dangut, as the Head of the National Office of WAEC Nigeria, who began his career with the Council in 1998 as an Assistant Registrar II and steadily rose through the ranks to his current position in October 2023, is well aware of the legal and ethical implications of his actions. While disputes of this nature have surfaced within the Council in the past, it is unprecedented in the history of WAEC in Nigeria for such a blatant act of trade union suppression and victimization to be carried out.

The issue of check-off dues deduction and remittance is not subject to employer discretion. The law is clear on this matter:

WAEC, as an employer, is legally required to deduct check-off dues from the salaries of NASU members and remit them to the union. This is not optional but a statutory obligation under the Trade Unions Act.

The law does not grant WAEC the power to suspend, delay, or withhold union dues remittance at will. Such an act amounts to an unfair labour practice and is a direct violation of workers’ rights as enshrined in national and international labour laws.

Since NASU is a registered trade union and its members have not individually opted out, WAEC cannot unilaterally discontinue deductions. The automatic deduction of check-off dues does not require individual employee authorisation once membership in the union is established.

The decision to suspend check-off dues deductions because of a lawful industrial action constitutes an attempt to undermine trade union activities and is inconsistent with the principles of collective bargaining. Such an action discourages union participation and weakens the bargaining power of workers and this is what Dr. Dangut intends to accomplish.

WAEC’s suspension of check-off dues deductions as a retaliatory measure against NASU members for exercising their right to industrial action is an act of victimisation. This contravenes International Labour Organization (ILO) conventions ratified by Nigeria, particularly Convention 87 on Freedom of Association and Protection of the Right to Organise and Convention 98 on the Right to Organise and Collective Bargaining.

Industrial actions, including strikes, are fundamental labour rights. The lawful exercise of this right cannot serve as a basis for denying workers their constitutional and statutory entitlements. WAEC’s action sets a dangerous precedent that, if not challenged, could embolden other employers to undermine trade unions and suppress workers’ rights.

The decision by the WAEC management to stop the deduction and remittance of check-off dues for members of the NASU raises serious ethical concerns. This action not only undermines workers’ rights but also threatens industrial harmony within the organization.

Trade union membership and the deduction of check-off dues are fundamental rights enshrined in labor laws and international conventions. By unilaterally halting the remittance of these dues, WAEC management is infringing on the rights of NASU members to freely associate and participate in trade union activities. This contravenes ethical principles of fairness and justice in labor relations.

Stopping check-off dues appears to be a deliberate attempt to weaken NASU by cutting off its financial resources. Ethical labor practices dictate that employers should respect the autonomy of trade unions, as they play a crucial role in advocating for workers’ welfare. Suppressing union activities undermines collective bargaining and tilts the power balance unfairly in favor of management.

Ethical management practices require employers to act in good faith in dealing with employees and their unions. Check-off dues are deducted based on an agreement between workers, their union, and management. Unilaterally discontinuing the deductions without consultation erodes trust and sets a precedent for arbitrary decision-making that could destabilize labor relations within WAEC.

Union dues fund essential activities, including legal representation, negotiations, and welfare programs for members. By cutting off this funding, WAEC management risks provoking industrial unrest, which could disrupt operations. Moreover, such actions can demoralize staff, reduce productivity, and create a hostile work environment. Ethical leadership involves fostering a workplace where employees feel valued and heard.

WAEC’s decision to stop check-off dues for NASU members is not just a legal issue but a deeply ethical one. It reflects an unfair exercise of power that disregards workers’ rights, disrupts industrial peace, and undermines trust between management and employees. Ethical corporate governance requires WAEC to engage in open dialogue with NASU, respect labor agreements, and uphold principles of fairness and justice in labor relations.

 Vice Chairman/Chairman, Human Rights Committee Nigerian Bar Association (NBA) Epe Branch, Ivo Takor, mni Esq.