NIGEIRA'S LABOUR AND INDUSTRIAL RELATIONS POLICY: FROM VOLUNTARISM TO INTERVENTIONISM - SOME REFLECTIONS

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1 Rivers State University of Science and Technology, Port Harcourt, Nigeria From the SelectedWorks of Prof. O. V. C. OKene 2012 NIGEIRA'S LABOUR AND INDUSTRIAL RELATIONS POLICY: FROM VOLUNTARISM TO INTERVENTIONISM - SOME REFLECTIONS OVUNDA V. C. OKENE, PhD, Rivers State University of Science and Technology, Port Harcourt, Nigeria Available at:

2 Nigeria's Labour and Industrial Relations Policy: From Voluntarism to Interventionism - Some Reflections NIGEIRA'S LABOUR AND INDUSTRIAL RELATIONS POLICY: FROM VOLUNl'ARISM TO INTERVEN1'IONISM - SOME REFLECTIONS. DR. O.V.C. OKENE, Ph.D. (Essex, UK), B.L. Dean, Faculty of Law, Rivers State University of Science and Technology, Port Harcourt, Nigeria. A legacy common to the Developing World is the introduction of changes in the institutions and norms of the local people.' Colonialism brought funda mental change s and the application of norms that were external to the society or alien in its oriqins." It resulted, for example, in the creation of surrogate native governments, the domination and weakening of traditional authorities through the system of treaties, courts and civil service. 3 It led to the resocialisation of the entire population to the acceptance of the authority of these institutions as well as the authority of the colonial and native bureaucrats." More significantly, the colonial legal legacy weak ened the indigenous authority and radically altered the normative content of key legal areas of the local communities." 1S. B. Burman and E.B. Harrel-Bond (eds.), The Impositi on of Law (New York: Academic Press, 1979), p. 147; N.M. Ollenu, "Influence of English Law in West Africa" (1961) 5(1) Journal of African Law, pp ; T.O.Elias, British Colonial Law: A Comparative Study of the Interaction between English and Local Laws of Dependencies (London : Steven s, 1962), p. 4. 2p. Takirambudde, " External Law and Social Structure in an African Con text" (1983) 16 Comparative and International Law of Southern Africa, pp ; S.B. Burman and E.B. Harrel-Bond (eds.), The Imp osit ion of Law ( New York: Academic Press, 1979), pp ; T.O. Elias, British Colonial Law: A Comparative Study of the Interaction betwee n English and Local Lows of Dependencies (Lon don : Stevens, 1962), p. 4; U. Yadin, " Reception and Rejection of English Law in Israel" (1962) 11 International and Comparative Low Quarterly, p. 59. For mo re discussion, see genera lly, A. E. W. Park, Sources of Nigerian Low (London: Sweet and Maxwell, 1963); A. O. Obilade, Nigerian Legal System (London : Sweet and Ma xwell, 1979); C. O. Okon kwo, Intraduction to Nigerian Law (London: Sweet and Maxwe ll, 1980); A. A. Adeogun, " Legal Framewor k of Industrial Relations in Nigeria " (1969) 3 Nigerian Law Journal, p. 15; R. S. M. Esan, "Legal Framework of Indust rial Relations in Nigeri a" in D. Otobo and M. Omo le (eds.), Readings in Industrial Relations in Nigeria (Lagos and Oxford: Ma lt hou se Press Ltd, 1987), pp B. Burman and E.B. Harrel- Bon d (eds.), The Imposition of Law ( New York: Academic Press, 1979), p. 92; P. Takirambudde, " Extern al Law and Social Stru cture in an African Conte xt" (1983) 16 Comparative and International Low of Southern Africa, p. 208; U. Yadin, "Recepti on and Rejection of English Law in Israel" (1962) 11 International and Comparative Law Quarterly, p Ibid. 5B.D.D. Radipat i, "Legal Semiotics and Normative in an Afr ican Cont ext : The Case of the San/ Bushmen" in R. Kevelson (ed.) Conscience, Consensus and Crossroads in Law: Eight Round Table on Low and Semiotics (New York: Peter Lang, 1995), pp ; S. B. Burman and E.B. Harrel-Bon d (eds.), The Imposition of Low ( New York: Academ ic Press, 1979), pp ; see also FA Ajayi, 'The Interaction of English Law with Customary Law in Western Niger ia' (1960) 4(1) Journal of African Law, pp ; I. Ayua, 'The Blend of Customary Law w ith English Law' ( ) 4-8 Ahmadu Bello University Law Journal, pp.1-6; K. Roberts-Wray, "Adaptat ion of Imported Law in Africa" (1960) 4 (2) Journal of African Low, pp ; N.M. Ollenu, " Influence of English Law in We st Africa" (1961) 5(1) Journal of African Law, pp

3 Port HarCOLJrt Law Journal Vol. 4 No 1, 2012 The process that led to the imposition of law in Nigeria was [lot very different." Nigeria inherited its legal system from England in the wake of British colonialismhowever, it is not the aim here to recount the historical evolution of Nigeria. s Rather the objective is to trace the legal developments with a view to providing the legal basis for Nigeria's labour and industrial relations policy which has shifted from the principle of voluntarism to the principle of interventionism, which has had a profound impact on workers' rights. NIGERIA'S LABOUR AND INDUSTRIAL RELATIONS POLICY Nigeria's labour relations policy has shifted from the principle of voluntarism to the principle of interventionism, which has had a profound impact on workers' rights. This section examines the labour policy under the principles of voluntarism and interventionism. THE POLICY OF VOLUNTARISM As a former British colonial territory, Nigeria's industrial relations system is one of British colonial legacies. 9 It was fashioned in line with the British industrial relations system whose "main feature is the voluntary machinery which has grown over a wide area of employment for industry - wide collective bargaining between employers' associations and trade unions over terms and conditions of ernployrnent.:"" Therefore, it was this basic characteristic of the British industrial relations system (i.e. the doctrine of voluntarism or laissez-faire) that was entrenched in Nigeria's industrial relations." The policy was built on the fact that the government felt it was better to leave both employers 6Befo re the advent of British colonial rule, Nigeria was a mosaic of kingdoms and chiefdoms administered by traditional rulers and chiefs in accordance with the customary laws of the people concerned. See C.K. Agomo, "Nigeria" in R. Blanpain (ed.) International Encyclopaedia oj Labour Law and Industrial Relations (Kluwer, 2000), p. 38; T. Faiola and M.M. Heaton, A History oj Nigeria (Cambridge: Cambridge University Press, 2008), pp ; E.E. Osaghae, Crippled Giant: Nigeria Since Independence (Bloomington and Indianapolis: Indiana University Press, 1998), pp T. O. Elias, British Colonial Law: A Comparative Study of the Interaction between English and Local Laws oj Dependencies (London: Stevens, 1962), p. 4. See generally, A. E. W. Park, Sources ofnigerian Law (London: Sweet and Ma xwell, 1963); A. O. Obilade, Nigerian Legal System (London : Sweet and Maxwell, 1979) ; C. O. Okonkwo, Introduction to Nigerian Law (London : Sweet and M axwell, 1980); A. A. Adeogun, "Legal Framework of Industrial Relations in Nigeria " (1969) 3 Nigerian Law Journal, p. 15; R. S. M. Esan, "Legal Framework of Industrial Relation s in Nigeria " in D. Otobo and M. Omole(eds.), Readings in Industrial Relations in Nigeria (Lagos and Oxford: Malthouse Press Ltd, 1987), pp For the historical evolution of the Nigerian State, see generally T. Faiola and M.M. Heaton, A History of Nigeria (Cambridge: Cambridge University Press, 2008), pp ; E.E. Osaghae, Crippled Giant : Nigeria Since Independence (Bloom ington and Indianapolis: Indiana Univers ity Press, 1998), pp ~T. Fashoyin, Industrial Relation s in Nigeria (London : Longman, 1980), p. 92; I. Obasi, State -Labour Relations under SAPin Nigeria (Enugu: Fourth Foundation Publishers, 1991), p, 6. : 0 See Royal Commission: " Written Evidence of the Ministry of Labour" cited in H. Clegg, The System oj Industrial Relations in Great Britain (Oxford: Basil Blackwell, 1976), p ::T. Fashoyin, Industrial Relations in Nigeria (London : Longman, 1980), p

4 Nigeria's Labour and Industrial Relations Policy: From Voluntarism to Interventionism - Some Reflections and employe es free to determine and regulate their relations as best as they could." Okotie -Eboh, Minister of Labour, state d this policy thus : 'W e have followed in Nigeria the voluntary principles which are so impo rtant an element in industrial relations in the United Kingdom... Compulsory methods might occasionally produce a better economic or political result, but labour-management must, I think, find gre ater possibilities of mutual harmony where results have been voluntarily arrived at by free discussion between the two parties. We in Nigeria, at any rate, are pinnin g our faith on voluntary methods.,,13 Under "voluntarism" or la issez-fa ire doctrine, employers and unions have reasonable latitude to determine their own affairs within a framework establi shed by the state." As Fashoy in has pointed out, th is doctrin e emphasizes the freedom of labour and management to determine as much as possible the cond itions under which workers will work, as well as other issues of labour relations." It is often based on the theory that tho se closest to industry are in the best position to solve any problems arising from labour and managem ent relations: in sho rt it is a the ory of industrial selt-qovernance." Furth emi ore, the principle of volunt ary colle ctiv e bargaining was pursu ed in the belief that it was better suited for the sustenance of industrial peace and harmony than the interventioni st a pproach." The legal framework for the settlement of trade disputes, as conta ined in the Tra de Disputes (Arbitration and Inqui ry) Act 1941, reflected this philosophy. " Th e Ministry of Employment described the policy thus: 'The notion...was that the law allowed workers to associate in trade unions, and employers in employers ' associations, and left the two sides to sort out their own sal vation without any further interference from the l aw. The law may be ready to assist the partie s to reach an agreement with various 'props' like facilities for conciliation or arbitration; or aga in if either party oversteps the boundary of what is proper, the law may have to intervene to ensure fair play. But ideally, the law would prefer not to intervene at all. The law. as it were, marked out the battlefield but took no 12A.A. Tajudeen and O.K. Kehinde, "Government Public Poli cies and the Dynam ics of Employment Relati ons in Developing Count : res: The Experrence of Nigeria (2007) 4(6) Pakistan Journal of Social Sciences, p Intern ational Labour Off ice M inisterial Conference Record of Proceedings, ss" Session, Geneva (1955), p A. S. Egbo, "Contemporary Issues in Public Sector Collect ive Bargaining" in T. Fashoyin (ed.), Collective Bargaining in th e Public Sector in Nigeria (Lagos: Macmill an, 1987), p ST. Fashoyin, Industrial Relations in Nigeria (London : Longman, 1980), p. 97. I S Ibid. 16 lbid. 17C.K. Agomo, " Nigeria" in R. Blanpain (ed.), Intern ational Encyclopa edia of (Kluwe r, 2000 ), p. 40. ISlb id. LabourLow and Industrial Relations 242

5 Port HarcourtLaw Journal Vol. 4 No 1, 2012 part in the fighting.,,19 The voluntary policy continued until the coup d'etat (which took place on 15 January 1966) together with the ensuing political instability, which culminated in a civil war in 1967, brought about a change in pollcy." THE POLICY OF INTERVENTIONISM The inherited voluntary British model of industrial relations continued in Nigeria until 1968 when a remarkable shift in government's labour relations policy occurred: the philosophy of government changed fro m laissez-faire role to an interventionist policy and the government directly involved itself in labour relations." The year 1968 was thus a watershed in the history of government labour policy." It marked the end of the voluntarism policy with the promulgation of the Trade Disputes (Emergency Provisions) Decree 1968 which introduced the machinery for the settlement of trade disputes by establishing the Industrial Arbitration Tribunal (IAT) on an ad hoc basis. However, at the time it was seen as a measure necessitated by war." The interventionist policy became more manifest in 1969 when strikes and lockouts were banned and arbitration was made compulsory under the Trade Disputes (Emergency Provisions) (Amendment) Decree The Decree also made the IAT a permanent body." In 1976 the two Decrees were repealed and replaced by the Trade Disputes Decree 1976 and the Trade Disputes (Essential Services) Decree The Trade Disputes Decree renamed the IAT to Industrial Arbitration Panel (lap) and also established the National Industrial Court as the apex institution for the settlement of trade disputes.". The new direction in labour policy, which started in 1968, was articulated in 1975 by the Mohammed/Obasanjo government's national labour policy described as that of "limited intervention and guided democracy.':" The policy was said to be: Ii 19r. Fashoyin, Industria l Relations in NigerIa (Londo n: Longman, 1980), p oE.E. uvleghara, Labour Law in Nigeria (Lagosand Oxford: Malthouse Press Ltd, 2001), p Ibid. 22C.K. Agomo, " Nigeria" in R. Blanpaln (ed.), International Encyclopaedia of Labour Law and Industrial Relations (Kluwer, 2000), p. 41; E.E. Uvieghara, Labour Law In Niger ia (Lagos and Oxford : Malthouse Press Ltd, 2001), p The Nigerian civil war took place in ; T. Fashoyin, Industrial Relations In Nigeria (London : Longman, 1980), p c. K. Agomo, " Nigeria" in R. Blanpain (ed.), International Encyclopaedia of Labour Law and Industrial Relations (Kluwer, 2000), p Ibid. 26 Ibid, 27Now Trade Disputes Act eok. Agorno, " Nigeria" in R. Blanpaln (ed.), International Encyclopaedia of Labour Law and Industrial Relations (Kluwe r, 2000), p. 41. _ 29 Federal Min istry of Employment, Labour and Productivity, The New National Labour Policy, Lagos, 4 December 1975; T. Fashoyin, Industrial Relations in Nigeria (London : Longman, 1980), p. 93. J ~. " 243

6 Nigeria's Labour and Industrial Relations Policy: From Voluntarism to Interventionism - Some Reflections "predicated on the continued guarantee of freedom of association, the promotion of strong, stable and respons ible workers' and employers ' organisations, the establishment and development of a suitable institutional framework for the effective pre vention and expeditious settlement of labour disputes, the promotion of labour/management co-operation and of consultation at appropriate levels between workers, employers and government, and the vigorous enforcement of the provisions of labour legislation relating to minimum conditions of employment, social security, safety, health and welfare at work.,;30 This policy stresses the undisputed right of the government to intervene in both union management affairs and labour-management relations." However, the problem, as Fashoyirr" pointed out, lies with the imprecise nature of the phrase "limited intervention and guided democracy." This is not surprising because each successive government, apart from the brief interlude of the civilian government of Alhaji Shehu Shagari (1973 to 1983), has been a military administration which does not appreciate the doctrine of separation of powers and democratic principles. f Government labour policy is therefore one of intervention." Over the years, the successive governments have been fully. intervening in industrial relations. " This interventionist role can be seen further in the fact that there have been several labour decrees promulgated by successive military governments, most of which are weighted heavily against labour. " One major feature of the interventionist approach is the absolute power assumed by the government to either restructure or merge the trade unions in the country. For example, there were compulsory restructuring and mergers between 1977/1978 and 1996 done on the excuse of making the trade unions strong and viable. " In 1996 the military government 30 Ibid. 31 I. Obasi, Sta te-labour Rela tions un der SAP in Nigeria (Enugu: Four th Foundati on Publishers, 1991), p T. Fashoyin, Industrial Relations in Nig eria (London: Longman, 1980 ), p Prolon ged military rule in Nigeria led to th e enactment of numerous trade uni on laws wh ich und erm ined tra de union rights, tended to co-o pt t he unions while also creati ng situ ati ons of fear, uncert ainty and direct inte rfere nce in t he t rade uni ons. See S. Okodudu and B.K. Girigiri, "The State and Labour M ilitancy in Nigeria" (1998 ) 3 Pan African Social Science Review, p CoK. Agomo, "Niger ia" in R. Blanpain (ed.) International Encyclopa edia of Labour Law and Industrial Relations (Kluwer, 2000), p A.A. Tajudeen and O.K. Kehinde, "Government Public Policies and t he Dynami cs of Employment Relati ons in Developing Count ries: The Experience of Nigeria (2007) 4(6) Pakist an Journ al ofsocial Scien ces, pp, S. Okodu du and B.K. Girigiri, "The State and Labour Militancy in Nigeria" (1998) 3 Pan-African Social Science Review, p. 34; AA Tajudeen and O.K. Kehinde, "Government Public Policies and t he Dynamics of Employme nt Relat ions in Developing Countr ies: The Experience of Nigeria (2007 ) 4(6) Pakista n Journal of Social Sciences, p. 761; O.c. Okafor, "The Precarious Place of Labour Right s and Movements in Nigeria's Dual Economic and Polit ical Transit ion, " (2007) 51 (1) Journal ofaf rican Law, p A.A. Tajude en and O.K. Kehind e, "Government Public Policie s and t he Dynamics of Employment Relations in Develop ing Count ries; The Experience of Nigeria" (200 7) 4(6) Pakist an Journal of Social Sciences, p

7 Port Harcourt Law Journal Vol. 4 No 1, 2012 of General Sanni Abacha rolled out Decrees Nos. 4 and 26 of 1996 restructuring the labour movement from 42 industrial unions to 29 industrial unions. The 29 industrial unions were compulsorily affiliated to the Nigerian Labour Conqress. " However, apart from showing legislative zeal if not exuberance," these decrees reveal the meddlesomeness and interventionism of the military government in labour relations. The decrees prescribe and circumscribe trades union and workers ' rights in every way to ensure the military government's hegemony over them." The decrees have presumptively in some cases sought to outlaw some conflict and grievance manifestations, such as the right to strike without compliance with certain precedent procedures." Furthermore, the decrees involved the dissolution of unions or their proscription or suspension." It also involved the indefinite detention, under quite inhuman conditions, of union leaders." Indeed, it was under such methods that the National Union of Petroleum and Natural Gas Workers (NUPENG), the Petroleum and Natural Gas Senior Staff Association of l\jigeria (PENGASSAN) and the Nigerian Labour Congress (NLC) were proscribed." NUPENG Chairman Agame and his General Secretary, Chief Frank Kokori, were clamped into prison for four years and were only released when General Abacha died in Furthermore, interventionism under the military dispensation saw the jurisdiction of all civil courts ousted regarding any action taken in respect of labour matters." There can be little doubt that these actions demonstrate a truly interventionist policy on the part of the government. 47 According to Obasi, this proclivity towards proscribing one labour union or another was no doubt a major shift from limited intervention and guided democracy toward an unlimited interventionist policy." With Nigeria's return to a democratically elected government on 29 May under the leadership of President Olusegun Obasanjo it was hoped that the story of 38 Ibid. 39 Some of the Decrees show glaring flaws due to improper haste and arbitrariness. See: O.N. Ogbu, Human Rights Law and Practice in Nigeria (Enugu: CIDJAP Publishers, 1999), pp S. Okodudu and B.K. Girigi ri, "The State and Labour Militancy in Nigeria" (1998) 3 Pan-African Social Science Review, p Ibid. See for example section 18 Trade Dispute s Act a.n. Ogbu, Human Righ'ts Law and Practice in Nigeria (Enugu: CIDJAP Publishers, 1999), pp. 36l. 43 Ibid. 44 Ibid 45 Ibid. 46 Ibid. 47T. Fashoyin, Industrial Relations in Nigeria (London: Longman, 1980), p I. Obasi, State-Labour Relations under SAPin Nigeria (Enugu: Fourth Foundation Publisher s, 1991), p.6. 49This date marked the inauguration of Nigeria's fourth exercise in democracy. Nigerians celebrate each of thei r exposures to democracy since independence with the appellation " republic ". The Obasan]o regime (1999 to 2007) was the Fourth Republic. The First existed from 1960 to 1966 and the Second from 1979 to An anticipated Third Republic became still-born when General Ibrahim Babangida ( ) annulled a presidential election that would have ushered in the republic. Each of the previous Republics preceding the Obasanjo regime ended on a military intervention. 245

8 Nigeria's Labour and Industrial Relations Policy: From Voluntarism to Interventionism - Some Reflections excessive government interventionism and repression in the sphere of labour rights would change. Indeed, much euphoria marked the return to civil rule in Nigeria in May 1999 of a kind that had not been seen since the end of the civil war ( ),50 as the event signified an opportunity, after over twenty years of repressive military rule and interventionism, for the country to resume its experiment with democracy from where that journey had stopped before soldiers seized power on New Year's Eve However, that appears not to be the case. In fact, the Obasanjo-Ied Nigerian government between 1999 and 2007 embarked on a programme of massive interventionism largely repressive of labour rights and freedoms." Indeed, as Okafor has pointed out, the Obasanjo regime in its quest to repress labour rights "has made use of public appeals, obtained court rulings, and often ordered - or at least largely tolerated the harassment, assaults, detentions, and killings perpetrated by the Nigerian Police Force on labour activists.,,53 Furthermore, in line with its interventionist policies, the Obasanjo regime also pushed through legislation that sought to significantly weaken the capacity of labour activists to protest against his government's unpopular policies. This move resulted in the enactment of the Trade Union (Amendment) Act 2005 which, together with other existing laws made by former military leaders, placed serious restrictions on workers' rights. 54 Indeed, the pattern of interventionism and labour rights curtailment and repression fits seamlessly into a broader picture of semi-autocratic rule and the generally poor human rights performance under the Obasanjo regime which lasted from sofor example, Abdulsalarni Abubakar, the general transferring power, compared the ret urn to civil rule to the country's receipt of Independence from Brita in in 1960, whereas Olusegun Obasanjo, t he ret ired general receiving powe r, Viewed it as "t he beginn ing of a genuine renaissance in Nigeria." See Norm itsu Onishi, Nigeria Mllitarv Turns Power to Elected Leader, N.Y. Times, May 30, 1999, at 1, 6. 51president Obasanjo intoned in his maiden address that, "Today. We are taking a decisive step in the path of democ racy. We will leave no stone unt urned to ensure sustenance of democ racy, because It is good for us, it is good for Afr ica, and it Is good for the world." Ibi d, at 1. S2p.c. Aka, "Nigeria Since May 1999: Understanding the Paradox of Civil Rule and Human Rights Violations Under President Olusegun Obasanjo" (2003) 4 San DIego International Law Journal, p. 209; O.c. Okafor, "Assessing Baxi's Thesis on an Emergent Trade-Related Market-Friendly Human Rights Paradigm: Recent Evidence from Nigerian Labour-led Struggles" (2007) 1 Law, SocIal JustIce and Global Developm ent Journal, p c. Okafor, "Assessing Baxi's Thesis on an Emergent Trade-Relate d Market-Friendly Human Rights Paradigm : Recent Evidence from Nigerian Labour-led Stru ggles" (2007) 1 Law, Social Justice and Global Developm ent Journ al, p See O.V.c. Okene, "The Disputes of Rights v, Disputes of Inte rests Dichotomy in Labour Law: The Case of Nigerian Labour Law (2009) 3 (4) Nigerian Journal of Labour Law and Industrial Relations, pp P.e. Aka, "Nigeria Since May 1999: Understan ding t he Paradox of Civil Rule and Human Rights Violations Under President Olusegun Obsanjo" (2003) 4 San Diego InternatIonal Law Journal, 209;0.C. Okafor, "The Precarious Place of Labour Rights and Movements in Nigeria's Dual Economic and Political Transition, S" (2007) 51 (1) Journal of African Law, p. 68; O.C. Okafor, "Assessing Baxi's Thesis on an Emergent Trade-Related Market Friendly Human Rights Paradigm : Recent Evidence from Nigerian Labour-led Struggles" (2007) 1 Law, Social Justice and Global Development Journol, p

9 Port Harcourt Law Journal,<01. 4/Vo 1,2012 The interventionist approach has not changed in any significant manner under the current civilian administration of President Shehu Musa Yar'Adua who took over the reins of power on 29.May If anything, the pattern of state interventionism in labour relations seems to have continued. " Th is approach has cont inued under President Goodluck Ebele Jonathan, who took over power following the demise of Yar' Adua in Overall, although the government's polic ies on labour relations are anchored on what it called "limited intervention guided democracy," the evidence suggests otherwise. Rather, as has been seen, government's policies and the dynamics of labour relations demonstrate that what obtains is ungu ided authoritarianism and reckless intervention in labour relations. F'Throuqh its policies and laws the government has seriously infringed the rights of Nigerian workers It is thus clear that the government interventionist policy indicated a systematic approach that was largely repressive of labour rights, and in particular pointed to the state's high-handedness as far as workers are concerned." -, S6F. Adewunmi and S. Fajana, Workers' Right s and Labour Standards in Nigeria (Lagos: University of Lagos Press, 2008), p. 21; US Department of State, Country Report on Human Rights Practices: Bureau of Democracy; Human Rights and Labour (Nigeria)< > (5 February 2009). 57 A.A. Tajudeen and O.K. Kehinde, "Government Public Policies and the Dynamics of Employment Relations in Developing Countries: The Experience of Nigeria (2007) 4(6) Pakistan Journal of Social Sciences, p. 761; S. Okodudu and B.K. Girigiri, "The State and Labour Militancy in Nigeria" (1998) 3 Pan-African Social Science Review, p. 34; O.N. Ogbu, Human Rights Law and Practice in Nigeria (Enugu: C1DJAP Publishers, 1999), p S. Okodudu and B.K. Girigiri, "The State and Labour Militancy in Nigeria" (1998) 3 Pan-African Social Science Review, p. 34; O.c. Okafor, "The Precarious Place of Labour Rights and Movements in Nigeria's Dual Economic and Polit ical Transition, " (2007) 51 (1) Journal ofafrican Law, p