Despite subsisting court order, the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) have called for a nationwide strike beginning Tuesday (today).
The industrial action, the unions said, followed the alleged inaction by the appropriate authorities to rightly respond to the May 1 attack on the NLC President Joe Ajaero in Owerri, the Imo state capital, before the state’s governorship election.
Specifically, Labour demanded among others, the dismissal and subsequent prosecution of “the Area Commander that led the Police to carry out the brutalisation,” as well as the sack of an aide of Governor Hope Uzodinma also for his alleged ignoble role.
And the unions then threatened that if their conditions were not met, they would call out their members on a nationwide industrial action November 14.
But to nip this in the bud, the federal government approached the National Industrial Court which on Friday, ordered the labour unions to stop the planned strike.
Court order
In his ruling, Justice Benedict Kanyip, who is also the president of the court, had ordered the leading nation’s labour unions to stop their planned industrial action.
The interim order followed an ex-parte application by the federal government through a the Office of the Attorney General of the Federation (AGF) and Minister of Justice.
Following the submission from the federal government’s lawyer, T.A Gazali, SAN, the judge said: “Section 7 (1)(b) of the NIC Act 2006 empowers this court to hear matters relating to the grant of any order to restrain any person or body from taking part in any industrial action, or any conduct in contemplation or furtherance of the industrial action. Section 19(a) of same Act then empowers this court to grant urgent interim reliefs.
“This Court has over the years interpreted these provisions as authorising this court to grant exparte orders restraining, an industrial action that is threatened, and so yet to commence, as is the present threatened industrial action of 14 November 2023. This being so, the instant exparte application succeeds, and is hereby granted.”
Justice Kanyip had ruled that: “An order of interim injunction is hereby made restraining the defendants/respondents, their members, their agents, employees, workmen, servants, proxies or affiliates from embarking on the planned industrial action and or strike of any nature pending the hearing and determination of the claimant/applicant’s motion on notice for interlocutory injunction.”
The labour unions and the government had been at loggerheads over the latter’s removal of fuel subsidy and the attendant difficulties being experienced by workers.
Labour pushes on
But notwithstanding the subsisting court order, the Organised Labour Monday directed all affiliate unions of the two labour centres to implement the resolutions of the joint National Executive Council (NEC) of the NLC and TUC.
Addressing journalists in Abuja, TUC President Festus Osifo said the strike would remain until “government at all levels wake up to their responsibility.”
He said: “We demanded that the Area Commander that led the Police to carry out the brutalization should be relieved of his duties and prosecuted. We asked also that Governor Hope Uzodinma’s SA on Special Duties, Chinasa Nwaneri, who everyone knew led the touts should also be arrested and prosecuted. Our list of demands is in the public domain.
“We gave an ultimatum that initially expired Wednesday last week. But on the eve of that expiration, we had a joint session of the Nigeria Labour Congress and Trade Union Congress of Nigeria. We looked at the time we gave and felt as responsible pan Nigeria organisations, that we should give additional one week to see if the government will be responsive.
“And in order to further draw the attention of government we had the picketing session last week Thursday, but instead if government to come out strongly to condemned this criminality, instead of government to speak and stand on the side of justice, some people in government were rather running their mouth and making all kinds of statement.
“So, the two labour centres have resolved to stand firmly by the decision of the joint National Executive Council meeting that was held last week Tuesday, that effective from 12 midnight on the 14th of November, we shall declare a nationwide strike. So effective midnight today, a nationwide strike is going to commence.
“All affiliates of Trade Union Congress of Nigeria and Nigeria Labour Congress, all State Councils of the two labour centres have been mobilized adequately. And this is going to be indefinite until government at all levels wake up to their responsibility. This is the decision of the joint NEC of NLC and TUC and we are got to carry it out to the later.”
FG cautions labour
But the federal government has cautioned the labour unions against violating court orders.
Special Assistant Communication and Publicity to the AGF & Minister of Justice, Kamarudeen Ogundele, said this in a terse statement Monday night.
He said: “We wish to remind the Nigeria Labour Congress and Trade Union Congress that there is a subsisting court order stopping the unions and their affiliates from embarking on the strike.
“The interim order was granted on November 10 by the President of the National Industrial Court of Nigeria, Justice B. B. Kanyip.
“The unions have been served the court order and, therefore, must surrender themselves to the authority of the court which is already seized with the facts of the case. Any action taken contrary to the order will be tantamount to contempt of court.
“We use this medium to urge the unions to respect the court order and adhere to the principle of the rule of law. There is no need to resort to self-help.
“We urge workers to report for duties and not to entertain any fear as their safety is guaranteed and will be protected within the ambit of law.”