I make no apology

Angry about contractors?

Attending a broader departmental meeting yesterday morning, someone anonymously posted a message in the Q&A section of the presentation with the following premise. That the agency had hired contractors at highly inflated salaries who worked less and had no responsibilities thereby leaving the agency hamstrung on recruiting actual staff.

Many were in agreement with the comment, but it was one viewpoint that could not be left to slide. I have been contracting since 1995, in fact, I was persuaded to go contracting my then CIO who felt that there would never be full utilisation of my wealth of knowledge, and I would easily be frustrated in a permanent role.

For the season, for a reason

In all the years of my being a contractor, I have felt no less equal to the task along with feeling an integral member of the teams I worked in. To address the comment, I wrote, “Contractors are actual staff, albeit temporary, they have been engaged by the agency to help fulfil the goals being discussed the in the conference and that it was quite unhelpful to create an us-and-them situation where we should be banding together.” Soon, I had more agreeing with me than those who did with the original posting.

Contractors get a bad rap, usually through no fault of their own apart from the few rouge ones. We are paid competitively negotiated market rates which might seem high, but we fundamentally cost less in administration, overheads, and management, whilst bringing in skill, expertise, and other perspectives.

We do not have the employment benefits of permanent staff along with burdening the employers with fiduciary requirements by law and other statutes. The arrangements are neat, allowing for clean breaks by mutual and individual arrangement. The establishment so easily terminates the contract as they can renew or recall after a break of working there.

No apologies, none at all

As per my own experience, I am there to contribute and regardless of the tendency to differentiate staff status, many industries need all kinds of staff and everything is down to need, skill, experience, demand, negotiation, and the ability to get involved with the people you work with.

Now, if anyone thinks contractors are paid too much, in a free enterprise world they can also decide to become contractors rather than chafe at the choices of others on the one hand and the market requirements that create the need for such personnel on the other hand. What I will not brook is the denigration of contractors, nor would I apologise for being a contractor. So there!

Nigeria: #PayKeshi - A minister incapable of shouldering responsibility

Goaded by embarrassment

Nothing gets the Nigerian government of Goodluck Jonathan as agitated to be vituperative in overwhelming defence of their policies than a public embarrassment.

We must agree as they have severally demonstrated; they have no capacity for shame, but embarrassment shines a light into the nooks and crannies of the failings of the system that they close ranks sending out spokespersons to the media and Twitter/Facebook minions onto social media to stem the tide of criticism.

Yesterday, the calumny descended to a new low, quite shamefully contemptible that it left many seething with rage.

A man of distinction humiliated

Stephen Keshi, 51, as the manager of the Nigerian national football team since 2011 has won the Africa Cup of Nations in February 2013 and has successful added Nigeria to the contingent going to the Brazil FIFA World Cup in 2014. [Wikipedia] [Wikipedia]

Despite his successes as a homegrown coach, as at July 2013, he was owed five months’ salary and out of desperation in October he lamented that he was owed seven months’ salary. Some of this has now been paid. [BBC] [Vanguard Nigeria]

These were his words, in October, “The lowest point of my career is working and not being paid for seven to eight months. I have never had this kind of experience before.” [Vanguard Nigeria]

He earlier stressed the point with, “I am not being favoured. Whatever I am doing here, I am doing it with everything I have and I need to be respected and be paid.” [Vanguard Nigeria]

Stephen Keshi was then reacting to comments attributed to the Nigeria Football Federation (NFF formerly the Nigeria Football Association NFA) that allowances and bonuses paid to coaching staff should be enough to sustain them. [Vanguard Nigeria]

A manner of calumny and atrocity

This appeared to embarrass the Minister of Sports, Bolaji Abdullahi, who yesterday upbraided Stephen Keshi for going public with this seriously untenable situation, some quotes from the news story are replicated verbatim below, courtesy of the Vanguard Nigeria newspaper. [Vanguard Nigeria]

“If NFA is having problems paying Keshi’s salary, it means that the system has a problem and that system has to be addressed.”

“When you get a job you do it and you don’t go about embarrassing your employers because your salary is delayed.”

Surely Keshi was right to talk

Nobody is saying the NFA/NFF does not have problems, however, if a performing and successful member of staff to whom the organisation has responsibilities and contractual obligations is not paid for up to 8 months that it becomes a demoralising and destabilising burden that could affect their productivity, there is cause for concern.

It is evident that from Stephen Keshi’s words that he was affected, despite that, he has fulfilled his contractual obligations without quibble, but with dedication and unrivalled patriotism worthy of the highest commendation.

And as the Sport Minister noted, if the NFA/NFF was having problems, it could report up the chain for intervention and resolution, it beggars belief that the NFF/NFA allowed the situation to deteriorate to the point that the coach had no other choice but to vent his spleen – 7 to 8 months with pay is just unspeakable.

A matter of assuming responsibility

This atrocity happened under the watch of the Minister of Sports. He had the choice of expediting the payment of all arrears along with an apology to all the staff owed their emoluments or in this case, for the embarrassment indicated by the failings of the NFA/NFF; he decided to make a villain of Stephen Keshi, a victim of the failed system in his ministry.

That is just shameful and lacking in sensitivity, though it is redolent of a culture of impunity amongst employers in Nigeria who get away with not paying salary on time, if at all with them demanding as in the words of the minister – “you get a job you do it and you don’t go about embarrassing your employers.”

I would say, the employer can avoid the embarrassment and shame by just paying the salaries.

That bill is essential

In conversations I participated in on Twitter, the matter of a third party owing the NFA/NFF sponsorship moneys was brought up. However, this is completely beside the point, a desperately unconscionable way to pass off blame and share the responsibility for what is essentially bureaucracy incompetence, lethargy, the lack of sensitivity and the lack of respect for the hardworking personnel who have brought plaudits and glory to Nigerian sport. [KickOff.com]

If the Workman (Unpaid Wages Prohibition) Bill had been passed through the legislative process to become law, the matter would have been cut-and-dried on the issue of responsibility. [Information Nigeria]

Somebody in the Sports Ministry hierarchy would have borne ultimate responsibility for the contracts and the payment of salaries to staff.

The organisation in the law would have faced a surcharge of up to 30% of two months’ wages for delaying salaries more than 30 days to a maximum of 60 days.

Any salary delays beyond 60 days will attract a 30% compensatory surcharge with the possibility of the employer serving a month in prison.

For Nigerian employees need it

The Minister clearly identified an employer – employee relationship between the coach and the NFA/NFF, a designated person will carry the sanction if imposed by the courts where the contractual obligations of prompt and full salary payments are left wanting.

It goes without saying that Nigeria is desperately in need of this punitive measure and law that protects the rights of employees whilst giving them the means to seek redress through an expedited legal process that provides specific legal guidance as to what is due, fair and just.

The NFA/NFF under the threat of sanction would have done everything possible to meet their obligations and the minister would have had no justification whatsoever to excoriate Stephen Keshi for speaking out for his right to be paid on time, in full, with due respect, courtesy and dignity becoming of an exemplary and hardworking Nigerian of repute and accomplishment.

A real man shares blame and glory

The Sports Minister has the gall to step forward to share in the laurels and the glory of sporting successes of Nigerians who still excel in spite of and despite the incompetence and negligence of the rotten bureaucracy, he heads. Where that system fails, he should unashamedly shoulder the responsibility for the lapses and the atrocities without looking to pass off blame to others.

His statement about Stephen Keshi was at best regrettable much as it was the display of utterly reprehensible conduct.

The humility of accepting blame

Those who have found ways to agree with the minister must for once find the humility in and magnanimous heart to sensitively take full responsibility and sue for justice rather than shirk and dissemble with sophistry.

Beyond this, Stephen Keshi becomes a poster boy for the many millions of Nigerians who have suffered the indignities of slave labour extracted on the forlorn hope of salaries that will never materialise.

I hope the legislature now sees why the passage of the Workman (Unpaid Wages Prohibition) Bill is of the utmost urgency with the case of Stephen Keshi putting a human face to unacceptable business practices in Nigeria.

Nigeria: Testing the FOI Act 2011 on Legislator Salaries

An update: [October 6, 2011] The signed copy of the Freedom of Information Act 2011 can be downloaded from this link and it is provided courtesy of the Freedom of Information Coalition.

We have a Freedom of Information Act

With the signing of the Freedom of Information Act 2011 just as the end of the last legislative session by President Goodluck Jonathan, a milestone has been reached in the fledgling democratic experiment that Nigeria embarked on just 12 years ago.

The Enough is Enough organisation has posted a functionally legible copy of the Act here [1], it is however missing parts of Section 3 & 6 and all of Section 4 & 5 they provided a few highlights of the Act here [2], Funlayo Akinosi; a lawyer, writing for NigeriansTalk offers a useful perspective of the Act here [3].

Versions and some confusion

For the purposes of this blog, because of the missing bits which are germane to the series of points made, I will be using the harmonised version [4] of the Bill as provided by the Enough is Enough organisation, the differences between the Act and the Bill being the former having the force of law; Section 1 of the Bill does not appear in the Act, all thereby forcing a renumbering of all the Sections and the sub-sections follow a different multi-level numbering system.

The text of both the Act and the Bill remain functionally the same in terms of context and import but the Act clearly delineates lists better than the Bill.

Another version [4a] as provided by House of Representatives substitutes Act for Bill and looks very much like the harmonised Bill used in this blog and sourced from a link provided by Egghead Odewale.

Whilst the Act does make good reading along with the superfluity of legalese that would have lawyers raking in the dosh like it is going out of fashion, the presence of a set of rules, procedures, processes and guidelines to ensure Nigerians demand more openness in government and its operations is very welcome.

Does it work?

The next step is to prove that this Act is useable, enforceable and fit for its purpose and no better test of its pervasiveness can be conducted than to determine with clarity, fact and truth the true cost of our democracy.

Too many times, we, the people have been shielded from knowing in true terms how much our legislators earn and what additional allowances [5] they have on top of their salaries as they supposedly serve the people.

The Freedom of Information Act 2011 provides for a number of interesting uses to arrive at this important piece of democratic emancipation such that we can judge if the allowances are justifiable, if our democracy is exorbitant [6] and what percentage of the federal budget overhead [7] the legislature consumes.

An application for such information can be made to the Clerk of the National Assembly, unfortunately, their website is a mess; hopefully, with the needs to properly document records for the purposes of the Freedom of Information Act, the websites of government establishments will be improved upon, updated regularly and promptly too.

The lay of the land

The National Assembly comprising the Senate and House of Representatives make up the federal legislature and it is thereby a public institution by reason of Section 3, sub-section 7 of the Bill.

A record of all names, salaries, titles and dates of employment of all employees is mandated by the Bill in Section 3, sub-section (3)(j).

Section 2 provides for the right of access to records without having to demonstrate any specific interest and Section 4 supports the right to request access to these records.

Section 5 requires that the information be made available within 7 days of making an application for the information, there should be no reason to transfer the request to another department as stated in Section 6 of the Bill and where that information cannot be provided the reasons for denial must be made with all the essential detail according to Section 8 or the public institution may extend the time required to provide the information according to Section 7.

Compelling public interest

The matter of legislator salaries and allowances are not sub judice, even if under review, salaries are being paid as set by the precedence of the previous legislative term and that should suffice and the information updated when available.

Hence, the public institution cannot find refuge in exceptions for law enforcement and investigation in Section 13 nor exception of personal information in Section 15.

The request in broad terms is to ascertain legislator salaries as in what a member of the House of Representatives or a Senator earns, tagged unto that without mentioning names, what emoluments and remuneration go to the principal offices of the National Assembly with particular reference to the offices as opposed to the person occupying the office.

It is important that legalese and abstruse interpretation is not used trammel access to what is public interest information where the public interest in the real cost of our democracy far outweighs the concerns of the legislature who are for all intents and purposes in public service and thereby employees of the people.

The Bill places the burden of proof on the public institution to provide the reasonable grounds for denying access to such information as delineated in Section 26.

Let it be tested

If this information is already publicly available then Section 27 suggests that this bill does not cover such as request and Section 29 informs that such a request cannot gain refuge within the Official Secrets Act.

In conclusion, a simple request for the running cost of our legislature should not encounter any difficulties; it should be documented, available, accessible and provided in the public interest and promotion of democracy – that will be the test of whether the Freedom of Information Act 2011 is worth the paper it is written on.

Sources

[1] Scanned copy of the Freedom of Information Act 2011 as a PDF file signed by the Clerk of the Nation Assembly.

[2] Highlights of Freedom of Information Act 2011

[3] NigeriansTalk | Freedom of Information Act 2011: Good Stuff!

[4] Harmonised version of the Freedom of Information Bill, 2011

[4a] Freedom of Information Act 2011 – House of Representatives

[5] Nigeria: Percentage Allowance Legislators

[6] Nigeria: Our exorbitant government

[7] Nigeria: Sanusi a worthy Nigerian

Are you buying trainers?

Without Prejudice

Notice: I have had to reword this post to take out the obvious references to a large maufacturer of sports apparell and shoes, however, my opinion about this remains that the staff should have been paid and it if results in the worldwide shaming of that organisation - so be it. It is a disgrace, to say the least.

I only have the word of one person about this and whilst I have not been able to corroborate this story, I would hope it is not the truth.

As it transpires either the whole of BigTrainers UK or some franchisee of BigTrainers in the UK pays their staff on the 27^th of the month.

However, we all know that in the UK, Christmas means all the more to everyone and so in December, everyone gets paid before Christmas, there usually is no debate about that.

My source indicates that the pay-run should have first occurred on Friday the 21^st of December but they were offered excuses and promised they would be paid on the 27^th of December. After Christmas – How hellish it would have been for the little person that works for BigTrainers who lives from salary to salary and might have had to borrow to meet the demands of Christmas.

Well, the 27^th has come and gone and the people who serve you with smiles in a BigTrainers store you might have visited shopping for Christmas presents in the UK have received no Christmas cheer from their employers as the tills are ringing in the cash. They have not yet been paid. The company is doing very well.

I also hear that people who have returned to BigTrainers stores to either exchange their products or seek refunds have be asked to return on a later date because they are swamped with post-Christmas sales crowds.

Are you buying trainers? Spare a thought and think again.

Have we now imported sweat-shop practices to the UK? However, that is beside the point, if in fact, there are any employees that work for BigTrainers either directly or through some agency and have not yet been paid their December 2007 salaries, this is one time to live up to their big-time slogan. JDI spells the acronym.

Postscript

If however, this is not the case, some failure in management and staff development is allowing for a rumour like this to thrive. One can only apologise.