The Subject Of Equality And Non-Discrimination (6)

By Femi Bamisile

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religion or political opinions are not made subject; or

(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religion or political opinions.

(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.

Although this provision is a blanket constitutional declaration not focused directly on employment related discrimination, it encompasses discriminatory practices in all forms. Consequently, the provision will undoubtedly have an impact on the employment sphere in Nigeria. It is the grund norm against various discriminatory and inequality treatments. As a result, all laws in Nigeria must conform with the provision as it is binding on all, including the Government of Nigeria.

Federal Character Commission Act No. 34 of 1996

The Federal Character Commission (FCC) is a Federal Executive body established by Act No. 34 of 1996 to implement and enforce the Federal Character Principle of fairness and equity in the distribution of public posts and socio-economic infrastructures among the various federating units of the Federal Republic of Nigeria.

As a follow-up to the provisions of the Act which enables the Commission to formulate and provide guidelines for Government agencies and other employers and providers of services and socio-economic amenities, the Commission in 1996 published the “Guiding Principles and Formulae for the Distribution of Posts in the Public Service” (hereafter Guiding Principles).

The Guiding Principles provide for general principles under column A as follows:

(a) that each state of the federation is to be equitably represented in all national institutions and in public enterprises and organizations.

(b) that the best and most competent persons are recruited from each state of the federation to fill positions reserved for the indigenes of that state.

(c) that once a candidate has attained the necessary minimum requirement for appointment to a position, he/she should qualify to fill a relevant vacancy reserved for the indigenes of his/her state.

(d) that where the number of positions available cannot go round the states, then sharing should be on zonal basis but that in the case where two items only are available, they should be shared between northern zones and the southern zones.

(e) that if the indigenes of a state are not able to take up all the vacancies meant for them the indigenes of other state(s) within the same zone should be given preference in filling such vacancies.

(f) that in an ideal situation, posts to be distributed among the indigenes of the states and Abuja on the formula of equality would be 2.75% for the indigenes of each state after reserving 1% for the indigenes of Abuja. However, in the spirit of give and take, the Commission has decided to adopt a range so that the indigenes of any state should not constitute less than the lower limit or more than the upper limit of the range.

It is important to state here that equality and non-discrimination not only applies to an employee’s career in any organization, but governs all employment stages; from recruitment to termination.

Similarities and differences occur in the recruitment practices in both the public and private sectors which are reflected in the methods, budget, organization culture, skills and knowledge requirement. All public organizations are mandated to recruit employees according to the national diversity legislation.

The private sector is more rigid in applying Human Resources Management best practices to ensure that only credible candidates are recruited into vacant positions. According to Fajana, S. (HR Management in Africa: The Social and Economic Framework (2009)), whilst the public sector is highly unionized towards protecting employees’ rights, the private sector has not witnessed a high participation in workers union in the private sector.

Trade Unions Act CAP. T14, Laws of the Federation of Nigeria (2004)

By virtue of the Trade Unions Act of Nigeria (TUA), a person who is eligible to become a member of a trade union cannot be denied membership on the ground that he or she is of a particular community, tribe, place of origin, religion or political opinion.

Section 12 of the TUA provides as follows:

(1) A person who is otherwise eligible for membership of a particular trade union shall not be refused admission to membership of that union by reason only that he is of a particular community, tribe, place of origin, religion or political opinion.

(a) Vocational rehabilitation centres to develop and enhance the skills and potentials of persons with disability shall be established in all local government areas.

(b) Training programs shall be established to develop vocational skills.

(c) Vocational guidance and counselling shall be available to the disabled.

(2) All employers of labour shall reserve for the disabled not less than 10% of the workforce.

(3) At least 10% of all fund allocation to training and personal development shall be reserved by employers of labour for the disabled.