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FG withdraws contempt proceedings against labour union leaders

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The ministry said it stood down the contempt proceedings following the intervention of President Bola Tinubu and the decision of the labour unions to call off their industrial action.

By Jeffrey Agbo

The Federal Government has withdrawn the contempt of court proceedings instituted against labour union leaders following the nationwide protest.

Solicitor General of the Federation, B.E. Jeddy-Agba, made this known in a letter addressed to the lead counsel to the Nigeria Labour Congress (NLC), Falana and Falana’s Chambers.

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The News Agency of Nigeria (NAN) obtained the letter dated August 7 on Tuesday in Abuja.

The Federal Ministry of Justice had through the National Industrial Court (NICN) issued the leadership of organised labour summons on contempt of court for embarking on the protest.

The organised labour threatened to embark on a nationwide strike from August 14 if the Federal Government failed to withdraw its contempt of court charges.

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.

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“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.

National-protests; NLC-protesters
NLC protesters

“Inspite of these exchanges/interventions, the labour unions on Aug. 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 filing 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 of the 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.”

The ministry said it stood down the contempt proceedings following 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 Aug. 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.

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