Just In: Court Stops NLC, TUC From Embarking On Nationwide Strike

The National Industrial Court, on Friday, restrained the Nigeria Labour Congress, NLC, Trade Union Congress, TUC, as well as their affiliates from embarking on any form of strike or industrial action. The two labour unions were ordered to stop their planned nationwide strike scheduled to commence on November 14. President of the Court, Justice Benedict Bakwaph Kanyip issued the restraining order following an ex-parte application to that effect brought before the Court by the Federal Government of Nigeria and the Attorney General of the Federation, AGF, and Minister of Justice. Justice Kanyip invoked sections 17 and 19 of the National Industrial Court Act to issue the restraining order against the organised labour. The Federal Government and the AGF through their lawyer, Tijani Gazali had in the ex-parte application prayed the court to stop the planned strike. They said this was to avert untold hardships that would be inflicted on innocent law abiding citizens and their businesses. Gazali, a Senior Advocate of Nigeria (SAN) and Director of Civil Appeals in the Federal Ministry of Justice, while arguing the ex-parte application, drew the attention of Justice Kanyip to series of hardships suffered by Nigerians on Thursday alone when the labour unions blocked entrances to the main Airports in the country. He pleaded that unless the planned strike is stopped, there may be a likelihood of breach of peace in the country. The Judge, who was persuaded by the government’s arguments, said that it is within the power of the court to intervene by way of a restraining order to ensure peace and tranquility. He proceeded to grant all the requests of the federal government as contained on the motion paper. Besides, Justice Kanyip directed that the restraining order be pasted on the wall of the building at the last known address of the two defendants to draw their attention to the Court’s position. The Judge also directed that the order along with the originating and other processes be served by publication in two major national dailies. Meanwhile, the case file has been transferred to Justice Olufunke Anuwe who is said to be handling similar labour dispute related matters.

Protests: FG bows to Organised Labour, withdraws contempt suit

The Federal Government says it has withdrawn the contempt of court proceedings against organised labour for embarking on a nationwide protest. This is contained in a letter addressed to the lead counsel to the NLC, Falana and Falana’s Chambers on Tuesday in Abuja. The letter dated August 7 to Falana’s Chambers was signed by the Solicitor General of the Federation, Mrs  B.E. Jeddy-Agba. The Federal Ministry of Justice had through the National Industrial Court (NICN) issued the leadership of the organised labour summons on contempt of court for embarking on the protest. The Union had responded by threatening to embark on a nationwide strike from August 14, if the Federal Government failed to withdraw its contempt of court charges. The Labour Congress and it’s affiliate the Tarde Union Congress (TUC) had embarked on a mass protest over anti-poor policies of government, especially the removal of fuel subsidy that had brought untold hardship to Nigerians. The letter reads: “Kindly recall the exchange of correspondence between the ministry and your office on the need for compliance with the extant court orders, restraining industrial action of any kind on the part of the Nigeria Labour Congress and Trade Union Congress. “The position of the ministry was informed by the need to safeguard the integrity of the court and prevent avoidable service disruption or damage to public facilities. “In spite of these exchanges/interventions, the labour unions on August 2, proceeded with the industrial action through public pretests”. It also said the protest led to disruption of work and the eventual pulling down of the gate of the National Assembly. “The foregoing, it said, prompted the ministry to initiate contempt proceedings by tiling Form 48 on the same 2nd August 2023 in accordance with Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 oftlwe Judgment (Enforcement) Rules. “It is trite that issuance of Form 48 is just the starting point in contempt proceedings which will only crystalize upon the issuance of Form 49 and the consequential committal order.” It noted that upon the intervention of President Bola Tinubu and the decision of the labour unions to call-off their industrial action after meetings with the President and leadership of the National Assembly. “The ministry did not proceed further with the contempt proceedings, which would have required the issuance of Form 49 within two days of the issuance of Form 48. “It is self-evident that the none-issuance of Form 49 as at August 4, renders the contempt proceedings inchoate. “You may therefore wish to advise or guide the labour unions on the practice and procedure of contempt proceedings. “Also,  particularly to the effect that the issues or concerns raised by NLC in its communique on the proceedings, have been overtaken by events,” it said.