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November 3, 2023
The NLC lamented that Ajaero was ‘thoroughly’ brutalised and rushed to the Federal Medical Centre, Owerri with his right eye completely shut.
The International Lawyers Assisting Workers (ILAW) Network, has condemned the attack on the President of the Nigeria Labour Congress, Joe Ajaero by the police.
ILAW Network which comprises over 1,100 workers' rights lawyers and scholars in over 90 countries, including Nigeria, called on Governor Hope Uzodimma of Imo State to desist from future use of excessive force against peaceful protestors and investigate the use of force by police in this instance, as well as the arrest of Ajaero.
SaharaReporters reported on Wednesday that the police arrested Ajaero while organising a rally to protest against stalled wage payments for workers in the state.
The NLC lamented that Ajaero was ‘thoroughly’ brutalised and rushed to the Federal Medical Centre, Owerri with his right eye completely shut.
NLC's Head of Information and Publicity, Comrade Benson Upah, described the arrest and assault suffered by Ajaero as “attempted murder”.
Upah said that contact was made with Ajaero “around 15:30 hours at the Police Hospital in Owerri from where he was taken to Federal Medical Centre, Owerri where he is receiving medical attention."
But reacting to the incident, Governor Uzodimma, who is seeking reelection on November 11, claimed that the NLC President was attacked because he was meddling in the state’s politics.
Uzodimma who spoke to journalists after receiving the All Progressives Congress’ flag from President Bola Tinubu at the Aso Rock Villa, Abuja, said he stopped the NLC’s national leadership from dissolving the Imo State chapter of the Congress.
But ILAW Network which seeks to promote and defend the rights and interests of workers and trade unions around the world and supports the lawyers representing them, faulted Governor Uzodimma.
According to the organisation, the attack on Ajaero is in direct violation of Nigeria's international legal obligations (and its laws).
In the letter dated November 2, 2023, addressed to Governor Hope Uzodimma and copied to the Director General International Labour Organisation Geneva, Gilbert Houngbo; Special Rapporteur on Freedom of Peaceful Assembly and Association United Nations, Clement Voule and Attorney General of Federation and Minister of Justice, Lateef Fagbemi (SAN), the group maintained that the unlawful detention of President Ajaero constitutes a serious obstacle to the exercise of trade union rights, and is in violation of ILO Convention 87 and 98.
Titled: "Violent Attacks and Illegal Detention of the President of the Nigerian Labour Congress Comrade Joe Ajaero," which was signed by Chair of ILAW Network, Jeffrey Vogt, it expressed its serious concern over the physical attacks on workers and the physical attacks and unlawful detention of Ajaero.
The letter partly read: "President Ajaero was in Imo State to support workers who were demonstrating over labour rights violations occurring in the state. According to available information, police violently dispersed the workers, leading to physical injuries, damage to property, and the confiscation of laptops.
"When President Ajaero came to survey the damage and to support workers, he was assaulted and then forcibly detained and taken to an undisclosed location by the Imo State Police Command and Special Assistant to the Governor of Imo State.
"President Ajaero was subsequently released after being held for more than 6 hours; however, as he suffered serious Injuries as a result of the violent assault he is now being treated at a nearby hospital.
"We note that Nigeria has ratified Conventions 87 and 98 of the International Labour Organisation, the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples' Rights. All of these instruments protect the fundamental right to freedom of association and peaceful assembly and require States to guarantee their free exercise.
"Further, none of the very specific and limited instances where authorities may use force apply here. The violent dispersal of peacefully demonstrating workers and the assault and detention of President Ajaero are in direct violation of Nigeria's international legal obligations (and its own laws).
"The ILO Committee on Freedom of Association (CFA) has repeatedly found that "the rights of workers and employers organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected.
"Similarly the UN Human Rights Committee (HRC) found that "only in exceptional cases may an assembly be dispersed." Furthermore, the UN Special Rapporteur on the rights to freedom of peaceful assembly and association (UNSR FOAA) has provided guidance on managing assemblies, stating that "force shall not be used unless it is strictly unavoidable, and if applied, it must be done in accordance with international human rights law."
It added, "The violent and illegal detention of President Ajaero is also in direct contravention of Nigeria's obligations. The CFA has repeatedly found that the arrest of a union leader for exercising legitimate activities in relation to freedom of association, in this case, meeting with union members and surveying the damage of the violent police action, is a violation of that country's obligations of freedom of association.
"The unlawful temporary detention of President Ajaero constitutes a serious obstacle to the exercise of trade union rights and is in violation of ILO Convention 87 and 98. Similarly, the UN HRC has found that "preventative detention of targeted individuals to keep them from participating in assemblies may constitute arbitrary deprivation of liberty.
"Further, the arbitrary arrest and detention of the NLC President create a chilling effect on workers' ability to fully exercise their fundamental rights to freedom of association and assembly, as union members could view such violent action as a warning to not continue exercising their fundamental rights.
"The actions of the Imo State Police Command and the Governor of Imo State are in direct violation of the fundamental right of freedom of association and assembly under international and national law of Nigeria.
"For these reasons, the ILAW Network strongly urges the Governor of State Imo to desist from the future use of excessive force against peaceful protestors and investigate the use of force by police in this instance, as well as the arrest of President Ajaero.
"Further, the state must provide a full remedy to the victims of violence and arbitrary arrest and detention, as well as for property damage caused by the police."