Suffice to restate again that the objectives of the 2009 Agreement are:
i. To reverse the decay in the University System, in order to reposition it for greater responsibilities in national development;
ii. To reverse the brain drain, not only by enhancing the remuneration of academic staff, but also by disengaging them from the encumbrances of a unified civil service wage structure;
iii. To restore Nigerian Universities, through immediate, massive and sustained financial intervention; and,
iv. To ensure genuine University autonomy and academic freedom.
The Letter from Government to ASUU -
The letter from the Government was communicated by the Federal Ministry of Education, ref. FME/TE/SS.IM/C.I/1/99 and was titled "Resolutions reached at the meeting between Federal Government and
Representatives of the Academic Staff Union of University (ASUU)" The content of that letter was not the judgment of a court: it was not, and could not be properly taken as conveying the words of a commander who must be obeyed.
Government's communication was as follows:
1. "That the Federal Government is irrevocably committed to the overall improvement in the quality of education especially at the tertiary level in the country.
2. That there is an overarching need to find a lasting solution to the challenges facing university education in the country through the development of sustainable, affordable and implementable strategies that are within the revenue profile of government.
3. Arising from the above understanding, it was further noted with particular emphasis on funding that:
(a) Nigerian Universities must be revitalised for effective service delivery.
(b) All the provisions in the extant agreement/MoU for the revitalisation of the University system shall be fully implemented as captured in the 2012 Needs Assessment Report.
(c) Federal Government shall mobilise resources towards this goal.
In view of the above understanding the following resolutions were reached:
i. Federal Government shall provide funds for the revitalisation of the University system in the following manner in the next six years
S/N0 Year Amount(billion) Naria
1. 2013 200
2. 2014. 220
3. 2015. 220
4. 2016. 220
5. 2017. 220
6. 2018. 220
Total. 6 years. 1.3 trillion
ii. A dedicated revitalisation account shall be opened at the CBN by Federal Government. Funds shall be paid into [sic] on a quarterly basis from which the Universities will draw. Federal Government shall ensure that these funds will be ring-fenced.
iii. That a central monitoring committee shall be established in addition to monitor the implementation of the revitalisation of the university and shall submit quarterly report to the Minister of Education.
iv. Earned allowances: It was agreed that the Implementation Monitoring Committee (IMC) shall monitor and verify the level of payment already made from the 30 billion Naira released by Government and report back on the exact situations in the Universities on this matter. Federal Government undertakes to pay the outstanding balance after the verification report for the period 2009 to 2012. Furthermore a practicable and affordable strategy will be put in place to mainstream the payment of earned allowances in the University system.
v. Government is willing to engage the services of the universities in special consultancy series such as geological/solid minerals survey, biotechnology, environmental impact assessment, shelter belt and mineral mapping amongst others to boost the IGR base of the Universities.
vi. That FGN requests that ASUU shall within 7 days call off its four month strike action.
vii. The above resolutions were reached in good faith by all the stakeholders that attended this crucial meeting."
In the ordinary meaning of the word "resolution" the government's letter was not a resolution. The document was a report of Government's understanding of the decisions or agreement reached on the matters discussed with ASUU. Neither side had a final authority on the correct wording or substance of the agreement reached. The title of Government's letter "RESOLUTIONS REACHED AT THE MEETING BETWEEN FEDERAL GOVERNMENT AND REPRESENTATIVES OF THE ACADEMIC STAFF UNION OF UNIVERSITIES (ASUU) . . . showed quite clearly that there were two sides. The agreement between the two sides would be the legitimate resolution of any issue. Furthermore, representatives of both sides must sign the document of resolution to make it valid for both sides. This is why ASUU, in its reply to Government's letter, insisted that ASUU and the Federal Government should sign the document of Resolutions. It is not an added new issue. It is a simple, required procedure, to be strengthened by some witness in whom both sides had confidence. This is not only reasonable but required in the resolution of conflicts. Whether the Minister of Education understands it or not is another matter which we shall not address here.
The Reply of ASUU to Government's Letter
1. The process leading to ASUU's reply
The letter from the Government, signed by Dr. Mac John Nwaobiala, was delivered at ASUU National Secretariat on 6th November, 2013. ASUU had made it clear to Government through the Minister of Education, and at the meetings held with Government's representative, that our Union does not have an EXECUTIVE PRESIDENT who has the power to decide for the Union on crucial matters, including and especially on trade disputes and strikes. Similarly, the internal democracy of our Union does not permit the Principal Officers to make decisions on Union matters of trade disputes without advice from the National Executive Council. Allowing branches to meet, advise and take positions is the only way we know how to run a democratic organisation.
2. The content of ASUU's reply
Here is the relevant portion of ASUU's reply to government's letter, as contained in Union's letter of 22nd November, 2013 signed by Nasir F. Isa, President of ASUU:
"On behalf of NEC I hereby convey the Union's appreciation of the expressed concern of Your Excellency to bring an end to the crisis occasioned by the poor implementation of the 2009 Agreement and the 2012 Memorandum of Understanding (MoU) arising therefrom through your personal intervention.
NEC would have taken a definitive decision on ending the strike, especially in view of Your Excellency's intervention but for certain uncertainties, the clearance of which would have been decisive in making the relevant decision. These uncertainties involve issues on which ASUU members nationwide have strong feelings. They are about certain gaps evident in Government's report as presented to our Union.
Specifically, our members are requesting that Your Excellency facilitates the resolution of the issues as a way of concretising their understanding of the agreed positions. This will involve the following:
(a) That the N200 billion agreed upon as 2013 Revitalisation Fund for public universities shall be deposited with the CBN and disbursed to the benefitting universities within two weeks.
(b) That the renegotiation of the 2009 Agreement in 2014 be included in the final document as agreed at the discussion with Your Excellency.
(c) That a Non-victimisation clause which is normally captured in all interactions of this nature be included in the final document and
(d) That a new Memorandum of Understanding shall be validly endorsed, signed by a representative of government, preferably the Attorney General of the Federation and a representative of ASUU, with the President of the Nigeria Labour Congress (NLC) as a witness.
Your Excellency please be assured that the Union is willing to do all that is needful to resolve the lingering crisis as soon as the expressed observations of our members are addressed.
Thank you
Yours in the struggle,
Naisr F. Isa, Ph.D
President"
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