RE: DIRECTIVES OF NLC TO NIGERIAN WORKERS OVER JOE AJAERO INVITATION BY POLICE IS AN ATTEMPT TO INTIMIDATE THE PRESIDENT AND TREASONABLE.....See Full Story>>.....See Full Story>>
(1)We write this open letter with utmost due respect to you all taking cognitive knowledge and facts of the office you held in trust on behalf of the people and the Federal Republic of Nigeria .
(2) We also by this open letter want to bring your attention to the unconstitutional and Clandestine plans by the JOE AJAERO Military wing of the Nigeria Labour Congress to unleashed mayhem, public disorder, conduct likely to undermine civilians constituted Authority and make Nigeria Ungovernable
(3) You all will recalled that Joe Ajaero has been accused of issues ranging around his alleged involvement in terrorism financing and treasonable felony offense which was alledge on his individual capacity and not on the NLC as a body or Nigerians workers as a whole
(4) As a political party whose mission is to engage in constructive criticism and undisputed believes in the unity and corporate existence of our dear country, we urgently want to bring to your notice the criminal directives issues today illegally by the NLC General Secretary Comrade Ugboaja Emmanuel that tomorrow Thursday 29th August 2023 when the Nigerian Labour Congress (NLC) President Joe Ajaero is set to honour the invitation of the Nigerian Police, all national officers of the Nigeria Labour Congress (NLC) from its 54 affiliate unions will accompany him to honour the invitation as a means of intimidation of the Nigeria police Force
(5) This illegal directives was communicated in a circular to all affiliate unions, their State chapters, and national officers signed by the same General Secretary of the NLC, Comrade Emmanuel Ugboaja.
Tagged “Mobilization for Peaceful Procession and Prayer Session in Solidarity
(6) The Circular reads; “In response to the recent summons by the Nigeria Police Force for our President, Comrade Joe Ajaero, to appear for interrogation on trumped-up charges on Thursday, August 29, 2024, we call on all NLC affiliates and state councils to mobilize their members in Abuja and across the states to show solidarity.
(7) The Circular further said that In Abuja , all CWC members resident in Abuja and other members are expected to assemble at the National Headquarters of the Nigeria Labour Congress by 8:00 AM on Thursday, August 29, 2024, to accompany the President to the Police for the scheduled interaction.
(8) Further more, in all the State Capitals members are directed to gather at their respective state Secretariat of Congress. From there, they will embark on a peaceful procession to their State Police Headquarters, where they will hold a prayer session until the President’s interaction with the Police is concluded.
(9) Comrade Ugboaja Emmanuel out of impunity Rascality and their devilish mission to make Nigeria Ungovernable ever since the outcome of 2023 presidential elections claimed that the peaceful march is a united stand against the unjust actions aimed at intimidating their terrorists organization and stifling the voice of unamed Nigerian workers.who we’re never a party to the alledge crime
(10) We also wishes to notify your esteemed offices that the NLC General Secretary concluded via a violent threats that should the President of NLC be detained for any reasons even if Joe Ajaero is involved in murder or rape, all workers nationwide shall proceed on indefinite strike
(11) Labour party leadership wishes to state unequivocally as follows with due respect that :
(11a) Joe Ajaero as an individual was the one invited by the Nigeria Police for questioning and not the Nigerian Labour Congress as an organization.
(11b) The basis for which he was invited for questioning are allegations of “criminal conspiracy, terrorism financing, treasonable felony, subversion, and cybercrime and this are completely outside labour dispute Section 31(6)(e) of the Trade Unions Act, as amended which requires as a condition for a lawful strike that a ballot must have been conducted in accordance with the rules or constitution of the trade union at which a simple majority of all registered members must have voted to go on strike.
(11c)Therefore the NLC and their lawyer can not Clandestinely used themselves to shield Joe Ajaero from the investigation. It remains an allegation and everyone is expected to attend to any allegation.
(12) Labour party want to also categorically states here that there must be a clear juxtaposition of facts and fiction between an acts of any individual complicity or compromise in a crime , from culpable infractions committed in any official capacity and thus such can not be used to shut down the nation on personal grievances, not even the labour unions.
(13) Labour party therefore disassociate our party from any illegal declaration of industrial action by the labour union leadership on the ground of invitation, possible arrest or prosecution of an accused such will be seen and treated as further treason since it is against Section 41 of the criminal code Act in Nigeria.
(14) For clarity, Section 41 of the Criminal Code Act in Nigeria states what constitute treasonable felonies inter-alia:
Any person who forms an intention to effect any of the following purposes, that is to say‐
(14a) to remove during his term of office otherwise than by constitutional means the President as Head of State of the Federation and Commander‐in‐Chief of the Armed Forces thereof; or
(14b) to likewise remove during his term of office the Governor of a State; or
(14c) to levy war against Nigeria in order by force or constraint to compel the President to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of the National Assembly or any other legislature or legislative authority; or
(14d) to instigate any foreigner to make any armed invasion of Nigeria or any of the territories thereof, and manifests such intention by an overt act, is guilty of a felony and is liable to imprisonment for life.
(14e) person charged with any of the felonies defined in this section is not entitled to be acquitted on the ground that any act proved to have been committed by him constitutes the offence of treason.
(15) Peradventure their lawyer Chief Femi Falana SAN and others may have failed woefully to furnished their clients on who has immunity from arrest in the Nigerian Constitution section 308
(16) Section 308 of the constitution states that no civil or criminal proceedings can be instituted against the president, vice-president, governor or deputy governor and they can’t be arrested or imprisoned or a process of any court requiring or compelling their appearance can be issued against them.
(17) The provision of Section of 308 of the Constitution of the Federal Republic of Nigeria, as amended provide thus:
(18) Section 308(1) notwithstanding anything to the contrary in this institution, but subject to subsection (2) of this section-
(18a)No civil or criminal proceedings shall be instituted or continued against a person during to whom this section applied during his period of office;
(18b) a person to whom this section applies shall not be arrested or imprisoned during that period either on pursuance of the process of any court or otherwise; and
(18c)no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued;
(18d) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.
(19) Chief Femi Falana SAN, Comrade Ugboaja Emmanuel and the Alledge terrorists financier must know that the I provisions of Section 308 of the Constitution is very clear to the effect that no criminal or civil action can be instituted or continued against the persons holding the office of the President or Vice-President, Governor or Deputy Governor and not to the president of NLC as erroneously implied
(20) In conclusion Section 308 (1) (a) of the 1999 Constitution confers only on the President or Vice-president, Governor or Deputy-Governor, absolute immunity against institution of civil or criminal proceedings against the President or Vice-president, Governor or Deputy-Governor as long as they remain in office as much and not on the Ordinary President of Nigeria Labour Congress
(21) By this open letter , our party demands are as follows:
In order to counter NLC plans to make Nigeria Ungovernable via their planned violent overthrown of the president Bola Ahmed Tinubu
(21a)That Security must immediately be increased around the office of the president of the Federal Republic of Nigeria
(21b) That security be beef up around the National Assembly Complex, Court of Appeal judgment and supreme Court of Nigeria.
(21c) That all state commissioner of police and State Director of DSS must be on the red alert to apprehend any workers seen to converge around NLC states chapter offices Nationwide for the protest and political insurrection and charge them for treasonable felony
21d) That the federal Ministry of Labour must open a register of attendance for all federal workers and those found wanting in this criminal act be dismissed from service and employ others Jobless Nigerian seeking employment
(21e) All state Governors must also as a measures of patriotism dismissed any state Government employees that obey the NLC unconstitutional directives and immediately role out employment opportunities to other Nigerians
(21f) That the Chief of Defence Staff direct all other service chief to be ready to defend the Constitution and the Federal Republic of Nigeria
(21g) The head of service immediately takes measures to institute gross misconduct against Joe Ajaero in line with Civil Service Rule
(21h) That the Nigerian Bar Association is hereby urges to call Chief Femi Falana SAN to order so as not to aide the NLC mission of making Nigeria Ungovernable
God Bless the Federal Republic of Nigeria
Signed:
Dr Abayomi Arabambi
most Peaceful Political Personality of the year 2023
National Publicity Secretary