Subsidy: NLC, TUC appeal court order stopping strike

Both the NLC and the TUC argued that the court lacked the jurisdictional competence to hear and determine the case.

By Jeffrey Agbo

Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) on Friday asked the National Industrial Court in Abuja to vacate its interim order stopping them from embarking on strike over the unilateral removal of fuel subsidy by the Federal Government.

They filed the motion through their lawyer, Femi Falana, noting that the government’s suit against them before the court violated the provisions of Section 254C (1) (f) of the 1999 Constitution and Section 7(6) of the NIC Act 2006.

Both the NLC and the TUC argued that the court lacked the jurisdictional competence to hear and determine the case “as it was filed in violation of Section 17 {2} of the Trade Disputes Act, which authorises the Minister of Labour and Employment to refer a trade dispute directly to the National Industrial Court.”

“By virtue of Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, Nigerian workers have the fundamental right to protest against policies of government considered inimical to their interests as reiterated in the cases of IGP VS ANPP {2008} 12 WRN 65, MUSA VS INEC,” they added.

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The unions contended that the government’s suit did not disclose a reasonable cause of action against them.

Consequently, they applied for an order, “setting aside, discharging and/or vacating the ex parte interim order of injunction 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 Claimants/Applicants motion on notice for an interlocutory injunction made on the 5th June 2023, Coram: Hon. Justice O.Y. Anuwe in Suit No: NICN/ABJ/158/2023 between the federal government of Nigeria & anor. Vs Nigerian labour congress and anor.”

Justice O. Y. Anuwe, on June 5, barred the two organisations from proceeding with their planned strike action pending the determination of the government’s suit.