Strike Looms As NLC, FG Fail To Agree

Following the breakdown in negotiation between the Federal Government and the Organised Labour, full mobilisation for industrial action commences on Monday.

This is as human rights lawyer, Femi Falana, insists the industrial action must hold as it’s workers’ right to press for their demand.

The deadlock in negotiation followed the cancellation of Friday’s meeting which could not be held because the federal government’s team did not turn up for the meeting when the President of the Nigerian Labour Congress, NLC, Joe Ajaero led the Labour team to the meeting at the presidential villa.

Ostensibly angry at what it called “being treated like children,” labour left the venue of the meeting angrily and said industrial action which would last for two weeks with rallies across the federation must go ahead.

But a statement from the Permanent Secretary of the Federal Ministry of Justice, who doubles as the Solicitor-General of the Federation, in the past week warned that any industrial action was tantamount to disobeying a court order and could lead to committal of labour leaders to prison for contempt.

But Femi Falana, who’s the counsel to the NLC has countered that insisting that there’s no perpetual injunction against industrial action in any court in the country against the action billed for August 2.

According to him, industrial actions are legitimate and are fundamental parts of the relationship that guide the government and workers.

In a letter dated July 28, 2023 and sent to news men on Sunday, Falana said, “In your reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country you were reported to have accused the leaders of the Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.

“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court to the effect that “The defendants/Respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the Motion on Notice dated 5th June 2023,” the legal representative argued in the letter addressed to the Permanent Secretary,

The letter which was signed by Barr. Sam Ogala of Falana’s Chamber, further read: “You will agree with us that the National Industrial Court or any other Court has not granted an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.

“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an Industrial action or strike of any nature, you ought not have threatened our client with contempt of court.

“It is pertinent to draw your attention to the case of INSPECTOR-GENERAL OF POLICE vs ALL NIGERIA PEOPLES PARTY (2008) 12 WRN 65 where the Court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgement of the Court, Justice Adekeye said as follows:

“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.

“If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society,” he further states.

He argued that, “Finally, freedom of speech and freedom of assembly are part of democratic rights of every citizen of the republic; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”

He advised that the government must allow the exercise to hold while the security agencies must provide the needed security protection for the workers.

THE WHISTLER reports that labour leaders would be meeting on Monday to fine-tune arrangement towards the strike.