COURT SIT OVER DOCK WORKERS MATTER AHEAD OF TRIAL

At exactly 11:05am Wednesday 3, 2019 the National Industrial Court of Nigeria, NICN, Lagos, court 6, sat over the matter of Nigerian dock workers. This is three years 688 dock workers from five contracting firms put together, have been laid off without their ten years entitlement and remuneration, owed by Energy Neftegas Limited, ENL, refusing to pay the workers.

With the expectation of either hearing or trial to take place today. The legal counsel of ENL: Chima Anochie, file a "defence of amendment" to undermine the Appendix C1 which stipulate the Time Relative Cost, TRC,  in the Collective Bargaining Agreement signed May, 2008 by the three tripairte body: NPA, MWUN and NIMASA over the issue of N33, 000 minimum wage. 

But at the proceeding and before few of the workers present inside the court room. ENL filing for amendment of Appendix C1, want to denied that the Six Hundred and Sixty Eighty dock workers are not recognize by the company. That all the workers are casual and deserve no entitlement, ten years  owed minimum salaries and retirement benefit.

Toluwani Adebiyi, the legal counsel of dock workers rejected the amendment and emphasized this is against labour industrial law for workers to be causalized. In short, it is inhuman, talk less of amending the collective bargaining agreement that is binding to all shipping Terminal Operators and companies in Nigeria including Energy Neftegas Limited. 

On part of the judge, Justice Nwondo recognizes the emphasis and points out it is "fundamental", referring on the collective bargaining agreement that is "binding" to all existing shipping companies after the concession and privatization of Nigerian Port Authority. That as far there is an agreement that binds the employer:  ENL and all terminal operators, it MUST not be alter. 

The matter is adjourned for Trial/Hearing on Wednesday 20 June, 2019 and it is expected that a rejoinder from Toluwani Adebiyi, legal counsel of dock workers should have been file to counter the suppose file for amendment of Appendix C1, before the court commence its Trail/Hearing. According to the stipulated Appendix C1 is a justification to approved that the laid workers are not "voluntary" but "mandatory". 

However, before the court proceedings leadership of the Agitating Dock Workers Forum, the lives of Gerard, Adebisi, Pastor Adams, Hope and the Steward Committee, were all at the court premises to talk to the workers about the progress about their struggle so far. Immediately when proceedings started, hundred of the workers were outside chanting  solidarity songs. 

Toluwani Adebiyi addressed the workers after the proceedings and assured the workers victory. Also, emphasized that they dock workers should continue on their activism, exploring all avenue possible especially the media to politically continue to expose the inhuman atrocities carried on them by ENL Victoria Haastrup. A member (Davy Fidel) of Democratic Socialist Movement and equally, Campaign for Democratic and Workers Rights - Ajegunle - was in court to give solidarity and likewise to ginger the spirit of the struggle. 

CDWR who have been with the workers both politically and possibly legally for three years, since the workers were laid off without any of their benefits, March 2016. Have been articipating in all their struggles embarked upon to demand alongside, the rights of the workers. We in CDWR showing solidarity and actively participating in the struggle, condemn the inhuman actions undertaken so far to enslave workers in the port.

The privatization and concession of the Nigerian Port Authority to the private shipping terminal operators has a capitalist agenda, which is largely and fundamentally responsible to the modern slavery in the Nigerian port, and violation of workers democratic rights to unionise, which also cut across the sanction of workers not to participate in any Union activism, because of the "aristocratic monopoly" and bureaucracy in the Maritime Workers Union of Nigeria. 

CDWR call on all industrial workers, genuine labour activists, working masses and the poor including well meaning Nigerians, to give solidarity to the ongoing struggle of the laid 688 dock workers since March, 2016 without any benefits and most importantly, their ten years unpaid salaries. This is only way to force ENL to bow. We also want to urge the dock workers to continue in the spirit of putting pressure and equally exposing the atrocities of ENL. 

In the same way, we in CDWR are of the opinion that the re-nationalization of the Nigerian Port Authority under democratic management and control of workers and the poor under socialist programmes is the most fundamental and the ultimate, to end the capitalistic agenda of all shipping operators like ENL and all contracting Terminal Operators, benefiting from the rot of privatization and concession of the Nigerian Port under the then Olusesun Obasanjo. 

By

Davy Fidel 

LIFEINSLUM