NLC Warning Strike Judicial Inquiry

Time left to submit memoranda.

Malam Nasir El-Rufai inaugurated the Judicial Commission of Inquiry into the NLC warning strike of 16th to 19th May 2021 at a brief ceremony at the Council Chambers of Sir Kashim Ibrahim House on Tuesday, 13th July 2021. The Governor established the Commission of Inquiry in exercise of powers conferred by the 1999 Constitution and the Commissions of Inquiry Law, CAP 34, Laws of Kaduna State, 1991.

Justice Ishaq Bello, chairman of the Judicial Commission of Inquiry, was the first to take his oath.

The seven members of the Commission are:


  1. Justice Ishaq Bello Chairman                               
  2. AVM Rabiu Dabo Commissioner
  3. Eyo O. Ekpo  Commissioner
  4. Joan Jatau-Kadiya Commissioner
  5. Chom Bagu Commissioner
  6. Nasirudeen Usman Commissioner
  7. Malam Mohammed Isah Aliyu Commissioner
 

Malam Nasir El-Rufai also appointed Mr. Daniel Chukwudi Enwelum, SAN as Counsel to the Commission, and Mr. Musa Kakaki, Esq. as Secretary to the Commission.


Six of the seven members took their oaths of office. Dr. Nasirudeen Usman, who is outside the country on official assignment, will take his oath later.

The instrument establishing this Judicial Commission of Inquiry stated that it shall have the powers conferred by Section 7 of the Commissions of Inquiry Law, including:


  1. To procure all such evidence, written or oral, and to examine all such persons as witnesses as the commissioners may think it necessary or desirable to procure or examine;
  2. To require the evidence (whether written or oral) of any witness to be made on oath or declaration, such oath or declaration  to be that which could be required of the witness if he were giving evidence in a magistrate’s court;
  3. To summon any person in Nigeria to attend any meeting of the commissioners to give evidence or procure any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions;

To issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails to do so, and does not excuse such failure to the satisfaction of the commissioners, and to order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his refusal to obey the summons.

Submit Memoranda

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L-R: M.I. Aliyu (member), D.C. Enwelum (counsel to the Commission), AVM Rabiu Dabo (member), Hon. Yusuf Zailani (Speaker, Kaduna State House of Assembly), Deputy Governor Dr. Hadiza Balarabe, Governor Nasir El-Rufai, Justice Ishaq Bello (chairman), Eyo Ekpo (member), Joan Jatau-Kadiya (member), Chom Bagu (member) and Musa Kakaki (secretary).

COMMISSIONS OF INQUIRY LAW, CAP. 34, LAWS OF KADUNA STATE, 1991

JUDICIAL COMMISSION OF INQUIRY INTO THE NIGERIAN LABOUR CONGRESS (NLC) WARNING STRIKE OF 16TH TO 19TH MAY 2021 AND THE ACTIONS AND EVENTS ASSOCIATED WITH THE STRIKE ACTION

NOTICE OF INVITATION TO SUBMIT MEMORANDA

NOTICE is hereby given to the general public, all stakeholders and in particular citizens and residents of Kaduna State that on Tuesday, 13th July 2021, the Governor of Kaduna State, Nasir Ahmad El-Rufai formally swore in this Judicial Commission of Inquiry with the following terms of reference:

 

  1. Ascertain the precise chronology of events immediately preceding and during the “warning strike” of 16th to 19th May 2021;
  2. INQUIRE into the legality of the “warning strike” of the NLC in Kaduna State from 16th to 19th May 2021.
  3. INQUIRE into whether any national or other organ of the NLC can lawfully declare an industrial action in any State in the Federal Republic of Nigeria.
  4. INQUIRE into whether the internal processes and procedures of the NLC at national and subnational levels were complied with in declaring the “warning strike”, in particular with regards to the powers and responsibilities of the affiliate unions in such matters.
  5. ASCERTAIN whether the NLC complied with the Labour Act, Trade Union Act, Trade Dispute (Essential Services) and other laws in declaring and effecting the “warning strike” in Kaduna State.
  1. INQUIRE into the actions taken by the NLC and any affiliate union(s) before, during and after the “warning strike” of 16th to 19th May 2021, and determine whether such actions amount to civil and criminal violations of the Trade Union Act, the Trade Disputes Act, the Trade Disputes (Essential Services) Act, the Miscellaneous Offenses Act, the Quarantine Act, the Public Health Law and Penal Code Law and other extant laws and regulations pursuant thereto.
  1. INQUIRE into the roles of various actors before, during and after the said “warning strike”, and determine whether actions and omissions by the following organisations and persons amount to violations of any extant laws and require further investigation, civil action and/or criminal prosecution:
    1. The Nigerian Labour Congress and any affiliate union(s);
    2. The Transmission Company of Nigeria (TCN);
    3. The Kaduna Electricity Distribution Company (KAEDCO);
    4. The Nigeria Railway Corporation (NRC);
    5. Federal Airports Authority of Nigeria (FAAN);
    6. Federal Ministry of Labour, Employment and Productivity;
    7. Federal Ministry of Power;
    8. Federal Ministry of Transportation;
    9. Federal Ministry of Aviation;
    10. Mr. Ayuba Wabba;
    11. Mr. Joe Ajaero;
    12. The Nigeria Police Force;
    13. Any other association(s), organization(s) or person(s) that the Commission may consider necessary.
  1. INQUIRE INTO, AND ASCERTAIN the economic losses incurred by citizens, businesses and the Kaduna State Government as a result of the “warning strike” of the NLC.
  1. EXAMINE the national security implications and consequences arising from the actions undertaken by the NLC during the “warning strike”, and to invite submissions in these regards from, but not limited to:
    1. The Nigerian Army
    2. The Nigerian Air Force
    3. The Nigeria Police
    4. Federal Ministry of Power
    5. Federal Ministry of Transportation
    6. Federal Ministry of Aviation
    7. The Transmission Company of Nigeria (TCN)
    8. The Kaduna Electricity Distribution Company (KAEDCO)
    9. The Nigerian Railway Corporation (NRC)
    10. The Federal Airport Authority of Nigeria (FAAN)
    11. The Department of State Security (DSS)
    12. Any other person(s) or organisations deemed necessary by the Commission.
  1. INQUIRE INTO AND ASSIGN responsibility for acts of (i) trespass into public and private property, (ii) restraints of citizens’ freedoms, (iii) coercion, assault and trespass in forcing businesses and offices to close, (iv) assault of public officers, and (v) the unlawful closure of hospitals and discharge of patients by the NLC and its affiliates during the industrial action of 16th to 19th May 2021.
  1. RECOMMEND to the State Government, Federal Government and other authorities on the appropriate actions to be taken to avert or curb any repeat of the events of 16th to 19th May 2021.
  1. Recommend any and all appropriate sanctions to be levied upon any person or organization that may have been found to be responsible for any losses ascertained by this Inquiry;

 

  1. Recommend any civil remedies, policy measures or other action that may be taken by the Kaduna State Government or recommended to be taken by the Federal Government to ameliorate any ascertained losses suffered during the relevant or directly suffered thereafter due to actions taken during the said period.
  1. INVITE any individuals, organizations, associations and the general public to bring up memoranda, petitions and other form(s) of presentations that will assist the Commission in addressing these terms of reference.
  2. SUBMIT a final report not later than 60 days after its first sitting.
 

The Commission of Inquiry now invites the members of the general public, particularly residents and citizens of Kaduna State who may wish to make submissions to the Commission, to kindly do so, with the following methodology:

 

  1. Submissions should be in the English language in Times New Roman font size 12, double-spaced on A4 size paper.
  1. Hard copies should be prepared in original and eight (8) hard copies certified by the maker of the submission or his/her/their/its authorised representative, with a digital copy of the said submission in electronic (PDF) format stored on a readable digital medium.
  1. All copies (hard and digital) should be submitted in a single package, with the digital copy contained in a smaller, separate envelope within the package. The package should be clearly marked with the name of the submitting party.
  1. Each submission must state the full name of the submitting party (which must either be an individual or a group of individuals or an incorporated entity), address, mobile telephone number, email address and the name and physical address of the individual making the submission or an authorised representative (if a group of individuals or an incorporated entity makes the submission).
  1. Copies should be delivered to the Secretary to the Judicial Commission of Inquiry at Room 29, Ministry of Justice, State Secretariat, Independence Way, Kaduna. Copies of each submission no larger than 5MB in size may also be submitted online at https://kdsg.gov.ng/nlc-warning-strike-judicial-enquiry
  1. All physical submissions should be made no later than 5pm local time, Thursday, 29th July 2021 at the address stated in paragraph 5 above, while electronic submissions may be made on the Commission’s electronic portal up to 23:59 hours, Thursday, 29th July 2021 using the link stated in paragraph 5 above. All submissions made via either medium up to the respective submission deadlines shall be regarded as valid. A third opportunity to make submissions may be granted, in established exceptional circumstances, by the Judicial Commission at its public hearings.
  1. Submissions made late or by email will be rejected.
  1. Parties making submissions will receive an acknowledgement of receipt and will be specifically invited to the Commission’s public hearings to adopt their submissions and possibly elucidate on them at the invitation of the Commission.
 

Inquiries may be made in writing to the Secretary to the Commission via https://kdsg.gov.ng/nlc-warning-strike-judicial-inquiry with a copy to Musa Kakaki, 08023738199 Musa.Kakaki@kdsg.gov.ng.

Dated at Kaduna this 14th day of July, 2021

Signed

MUSA KAKAKI, ESQ.
SECRETARY TO THE COMMISSION OF INQUIRY

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