The Constitution does not fix a figure, but it creates the legal duty and the structure for review.
Here are the key provisions NLC is relying on:
Fundamental Objectives – Your Right to a Living Wage
This is the heart of the argument, in Chapter II of the 1999 Constitution (as amended):
Section 14(2)(b): Security and welfare of the people shall be the primary purpose of government.
Section 16(2)(d): The State shall direct its policy towards ensuring that – suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled are provided for all citizens
Section 17(3) – Social Order and Employment: The State shall direct its policy towards ensuring that:
All citizens have opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment
Conditions of work are just and humane
There is equal pay for equal work without discrimination
Children, young persons and the aged are protected against exploitation
This section is why labour lawyers say the Constitution itself mandates a living wage – BusinessDay phrasing: “The Nigerian Constitution itself mandates a living wage. It is a fundamental right, not a bargaining chip.”
Note: Section 17 is under Chapter II, which is normally non-justiciable because of Section 6(6)(c), but it becomes enforceable when the National Assembly makes a law to give effect to it – which is the National Minimum Wage Act.
Who Has Power to Fix Wages?
Item 34, Exclusive Legislative List, Part I, Second Schedule: Labour matters – including trade union activities, industrial relations, prescribing a national minimum wage for the Federation or any part thereof – is exclusively for the National Assembly.
In other words, only the Federal Government can set the national minimum wage.
That is why NLC has strongly opposed any attempt to move labour to the Concurrent List, arguing it would “void the national minimum wage system”.
This is also supported by:
Item 44, Exclusive List – National Minimum Wage itself
Section 4(2) Constitution – National Assembly power to make laws for peace, order and good government.
Institutions for Salary Review
The Constitution creates two bodies:
Section 32(d) & Third Schedule: Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) determines remuneration for political office holders under Section 70. RMAFC does NOT fix workers’ salaries, but its advisory role is often cited.
Section 153 and National Salaries, Incomes and Wages Commission Act (NSIWC Act) – Established under powers in Section 16 and 17, NSIWC is the statutory body that advises Federal Government on pay research, wage reviews, collective agreements and productivity.
Plus:
Section 254C(1)(a) as inserted by Third Alteration (2010): Gives the National Industrial Court (NICN) exclusive jurisdiction over labour disputes, including wage reviews. That is where NLC can sue if negotiation fails.
Section 173(3): Pension shall be reviewed every five years or whenever there is a review of salaries of public servants.
So any salary review automatically triggers pension review.
The Law that Gives the Timeline – National Minimum Wage Act
This is where the current fight is:
Original Act 2019: N30,000, with review every 5 years – due April 2024.
Amendment Act 2024: Signed by President Tinubu on 29 July 2024, raising minimum wage to N70,000 and changing review cycle to 3 years.
NLC position as of October 2026: In a letter dated 13 October 2026, NLC President Joe Ajaero rejected FG’s claim that fresh review is premature, arguing that under the 2019 timeline, new negotiations should start now to take effect by April 2027.
FG position: That 3 years should count from July 2024, so next review is due July 2027.
The Act says the review must “align with economic conditions” and non-compliance attracts fines.
What This Means for PBAT Administration
So constitutionally, NLC’s demand is anchored on:
Government’s constitutional duty to provide a reasonable living wage under S.17(3) 2. Exclusive federal power to set that wage under Item 34
Statutory right to periodic review under the Minimum Wage Act
– Benjamin Ibrahim writes from Lokoja, Kogi state.
+2348069596250
