NLC can’t ‘strike’ or ‘protest’, Abuja insists in interpretation of court order
By Jeph Ajobaju, Chief Copy Editor
Abuja has insisted that any strike by the Nigeria Labour Congress (NLC) is illegal in the face of a court injunction preventing it from industrial action pending the determination of a lawsuit by the federal government.
The word “strike” keeps coming up but the NLC has clarified it merely plans a peaceful “protest” for August 2 against the harsh impact on citizens of fuel subsidy removal by President Bola Tinubu.
An order of the National Industrial Court of Nigeria (NICN) the government obtained in the first week of the Tinubu administration against “strike” over fuel subsidy removal does not ban peaceful “protest” in a free country, the Labour Centre (LC) argued.
The LC told the Solicitor General of the Federation and Permanent Secretary, Ministry of Justice there is no order – interim, interlocutory, or perpetual – from the NICN or any other court restraining workers from peaceful rallies, such as the one convened for August 2 by the NLC.
Besides, Sam Ogala of Falana’s Chamber, in a letter dated July 28 said the right to peaceful protest has not been removed from the Constitution.
But Beatrice Jedy-Agba, Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, insisted in a reply to Falana Chambers dated July 31 that there is a subsisting interim order restraining NLC from any industrial action which also means protest.
“We reiterate that the interim order clearly restrained NLC from embarking on industrial action of any nature. It is common knowledge that a strike is only a form of industrial action. NLC has expressed intention to embark on nationwide action to force the government (employer) to agree to its demands,” the letter said.
“Furthermore, the participation of workers in the protest will result in restriction, or limitation on, or a delay in the performance of work.”
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‘Protest amounts to industrial action’
“The foregoing, inclusive of the purported peaceful protest (in view of its intended aims or purposes) undoubtedly amounts to industrial action,” Jedy-Agba added, per reporting by The PUNCH.
“We assert that it is grossly inappropriate to lead the public protest in respect of issues relating to or connected with the fuel price increase, which is currently before the court!”
Jedy-Agba urged Falana to educate the NLC that peaceful protests are no justification for shutting down essential services.
“From the communique, it is apparent that the current move by NLC goes beyond peaceful protest by issuing a seven-day ultimatum for government to meet its demands and also embark on a nationwide action to compel the government to reverse alleged anti-worker policies.
“Furthermore, uncontroverted media reports have established that NLC is not planning a peaceful protest but intends to ground the government by endangering public peace, instilling fear in the masses, and precipitating a further crisis.”
“It is incumbent on your law firm to sensitise the labour unions that peaceful protests are no justification for disrupting or shutting down essential services, which is tantamount to strike action.
“Based on the foregoing, you may wish to advise your clients accordingly.”