Renowned human rights lawyer, Mr. Femi Falana, SAN, has called on the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) to mobilise workers and civil society groups to compel the federal government to enforce Nigeria’s welfare laws and ratified international labour standards.
In a statement issued on Thursday, Falana argued that the full implementation of existing legislation and international treaties would significantly improve Nigerians’ living conditions.
Citing Section 16 of the 1999 Constitution (as amended), he said the state is obligated to ensure balanced economic development, equitable resource distribution, and social welfare, including access to shelter, food, healthcare, living wages, and care for the vulnerable.
He also referenced Section 17, which mandates humane work conditions, equal pay for equal work, and access to health, leisure, and cultural life without discrimination.
However, Falana lamented the consistent breach of these constitutional directives.
He accused the political elite of enriching themselves by selling off public enterprises and allocating oil blocks and solid mineral licenses to themselves, thereby undermining constitutional provisions on economic equity.
He noted that although successive governments have tried to render these obligations non-justiciable, public pressure has led to the enactment of key social welfare laws, such as the Labour Act 2004, Trade Union Act 2004, Child Rights Act 2003, and the Compulsory, Free Universal Basic Education Act 2004.
Nigeria has also ratified the African Charter on Human and Peoples’ Rights, which guarantees the right to work, health, and education.
Falana stressed that Section 254(C)(1) of the Constitution grants the National Industrial Court exclusive jurisdiction over labour and welfare-related matters, including the enforcement of ratified international conventions.
Despite this legal framework, he said the Nigerian state routinely violates these laws.
As an example, he pointed to the Compulsory Free Universal Basic Education Act, which mandates free education from primary to junior secondary levels.
Yet, according to former UBEC Executive Secretary, Dr. Hamid Bobboyi, over N135.5 billion in matching grants remains unclaimed by state governments due to their refusal to provide counterpart funding – exacerbating Nigeria’s out-of-school children crisis.
In response, the Alliance on Surviving COVID-19 and Beyond (ASCAB) filed a suit at the Federal High Court to compel compliance with education laws.
The governments involved have not disputed the facts but are challenging ASCAB’s legal standing.
“This objection clearly shows that state governments are not prepared to educate the children of the poor,” Falana said.
He also condemned top public officials for inflating their earnings through security votes and estacodes, even as many states have failed to implement the new N70,000minimum wage, particularly for local government workers and primary school teachers.
He added that several private employers continue to flout the National Minimum Wage Act without consequences, due to lax federal enforcement.
On pensions, Falana expressed concern over the federal government’s borrowing of N10 trillion from pension assets, which stood at N22.5 trillion as of December 2024.
He noted this has left many retirees unable to access their entitlements.
The House of Representatives has since begun efforts to recover the loan and avert a collapse of the pension system.
In the housing sector, he criticised the mismanagement of the National Housing Fund (NHF), to which workers are required to contribute 2.5% of their salaries via the Federal Mortgage Bank of Nigeria (FMBN).
He cited the November 2024 arraignment of former FMBN CEO, Mr. Gimba Ya’uKumo, by the ICPC for allegedly diverting $65 million earmarked for 962 housing units in Abuja.
Falana urged the NLC and TUC to follow the case closely and push the ICPC to also investigate Kumo’s earlier claims that unscrupulous employers had looted N100 billion from the housing fund.
“The labour movement owes it to Nigerian workers to ensure that the stolen $65 million and N100 billion are recovered and used to build homes for workers,” he said.
Falana stressed that the full enforcement of Nigeria’s welfare laws and international obligations is essential to improving citizens’ lives.
He reiterated his call for nationwide mobilisation by labour unions to hold the government accountable.
