Prologue
“Listening to the agreement that was signed by the Federal
Government as Comrade Uche Chukwumerije read out, I was really wondering
whether this was signed or it was just a proposal. But when he
concluded, he said it was signed. It only shows the level of people the
executive sent to go and negotiate on their behalf because ab initio,
people must be told the truth, what can be accomplished and what cannot
be accomplished.
If a leader says I am going to accomplish this, he is
morally duty bound to honour it. But even if you decided immediately
after that you cannot accomplish it, I think it is only proper for you
to go back and start renegotiating. But if you prolong it on the basis
that you are still going to honour it and you don’t honour it, then it
doesn’t portray us in good light.”
- David Mark, Senate President
Have You?
Have read the much talked about 2009 Federal Government’s agreement
with ASUU? That sounds like the Holy Grail in the muddled public
discourse on the ongoing strike by Nigerian varsity lecturers.
It interesting to note that not many of those whose pro-ASUU noise
rings louder than the rest of us have the faintest idea about what is
contained in the contentious agreement. Not long ago, a popular online
news portal published the 51-page long October 2009 agreement between
the perennial warring parties. And I had to read through so as to have
firsthand information on the vexing issues that have kept our children
at home this long.
A Peep into the Agreement
The birthing of the agreement started on Thursday, December 14, 2006,
when the then Honourable Minister of Education, Dr. (Mrs.) Obiageli
Ezekwesili, on behalf of the Federal Government of Nigeria inaugurated
the FGN/ASUU Re-negotiation Committee comprising the FGN Re-negotiation
Team led by the then Pro-Chancellor, University of Ibadan, Deacon
Gamaliel O. Onosode (OFR), and the ASUU Re-negotiation Team led by the
then President of ASUU, Dr. Abdullahi Sule-Kano.
At the meeting, the ASUU Team submitted a position paper titled
“Proposals for the Re-negotiation of the 2001 Agreement between the
Federal Government of Nigeria/Governments of State that own Universities
and the Academic Staff Union of Universities” which reflected the views
of ASUU on various issues in the 2001 FGN/ASUU Agreement.
The single Term of Reference of the Committee was to re-negotiate the
2001 FGN/ASUU Agreement and enter into a workable Agreement. Both teams
agreed that the following issues will form the agenda and focus for the
Re-Negotiation: (a) Conditions of Service, (b) Funding, (c) University
Autonomy and Academic Freedom, (d) Other Matters
The Agreement was directed towards ensuring that there is a viable
university system with one, rather than a multiple, set of academic
standards; and whereas it is recognized by the Negotiating Teams that
education is on the Concurrent List and by the Agreement, the Federal
Government does not intend to and shall not compel the State Governments
to implement the provisions of the Agreement in respect of their
Universities. It was however recognized that the State Governments shall
be encouraged to adopt the Agreement, as benchmarks, if they are to
operate within the goals of achieving the same sets of academic
standards for their institutions within Nigeria’s University system.
The agreement included details such as the breakdown of lecturers’
salary structure, staff loans, pension, overtime, and moderation of
examinations. It was agreed that entitled academic staff shall be paid
earned allowances at the rates undertaking in the listed assignments.
It was also agreed that Decree 11 of 1993 and the Pension Reform Act (2004) should be amended to:
(a) Increase the retirement age of academics from 65 years to 70 years for those in the Professorial cadre.
(b) Remove certain ambiguities from the provisions that allowed
Professors to retire with full benefits, by reformulating these
provisions (Pension Reform Act, 2004).
An academic staff who retires as a Professor in a recognized
University shall be entitled to pension at a rate equivalent to his
annual salary.
It was agreed that, to help in enforcing discipline and ensuring
budget performance, each University Governing Council shall set up a
Budget Monitoring Committee. The Committee shall comprise one elected
representative each, of Congregation, Senate, ASUU, SSANU, NAAT, NASU
and the Students’ Union, with an external member of the Governing
Council as Chairman.
It was agreed that all laws that impede University Autonomy, Academic
Freedom, Internal Accountability and Transparency, and the speed of
internal operations, shall be reviewed.
The effective date of this Agreement shall be July 1, 2009, except
that the effective date for the 70 years retirement age for those
academics in the Professorial cadre shall notionally be January 1, 2009.
What Is Obtainable Now
The above negotiation was done in a saner manner and an atmosphere
devoid of rancour, politicking, and blackmailing in the name of
enforcing contractual provisions. What we see now is a bloody duel
between two elephants that leaves the grasses – our children – bleeding
nonstop, and is further sending our already comatose education sector
further down the abyss of primitiveness.
As it is, the government claimed to have met almost all the
provisions in the 2009 agreement, but ASUU has a different narrative.
However, in the midst of this chaos, we need to consider the students.
The longer ASUU strikes, the more our economy suffers, and the greater
the spell of idleness of our youths; and we know what that means…
Does it make any sense to shut everything down and destroy the very
system ASUU is claiming to want to fix? Must industrial action always be
the bargaining tool for ASUU? Isn’t it a betrayal of depth that our
so-called intellectuals only use the force of brawn to drive home their
point? Can’t negotiation be ongoing without destabilising the education
system and sending the children packing out of school?
For the sake of our children idling away at home, let each of the
warring parties shift ground. Let’s not politicise the strike any
further. ASUU should go back to the classroom and government should
release the money it has promised to give.
Epilogue
On the other hand, I think ASUU simply took advantage of the
ignorance of those who were sent and simply just allowed this agreement
to go on because it is obvious that this is going to be very difficult
piece of paper to implement. They found that those who were sent there
simply didn’t know their right from their left and they just went ahead.
I think that also is not fair because ASUU is an organisation in
Nigeria and we are not going to go to another country to implement this
piece of paper.”
Written by Temisan Jackson
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