On Friday, the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) jointly appealed to the National Industrial Court (NIC) in Abuja to lift its interim order that had previously prevented them from initiating a strike action in response to the unilateral removal of fuel subsidy by the Federal Government.
The two unions, represented by their lawyer, Mr. Femi Falana, SAN, filed a motion stating that the lawsuit brought against them by the Federal Government before the National Industrial Court (NIC) was in violation of constitutional provisions and the NIC Act. They argued that the ex-parte order should be set aside as it lacked jurisdictional competence.
Both the NLC and the TUC contended that the court did not have the authority to hear and decide the case since it was filed in contravention of Section 17(2) of the Trade Disputes Act. They pointed out that the Act grants the Minister of Labour and Employment the power to refer a trade dispute directly to the National Industrial Court.
“The Claimants/Applicants suit offends the lucid provisions of Order 3 Rules 1 and 6 of the National Industrial Court Civil Procedure Rules, 2017.
“The Defendants/Applicants and their members have a right to strike under the Trade Unions Act, the Trade Disputes Act, the ILO Convention, and under several international treaties the 1st Claimant/Applicant is a signatory to.
“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.
Besides, NLC and TUC contended that the suit by FG did not disclose a reasonable cause of action against them.
“The plaintiff’s suit is lacking in bona fide, as it was filed to harass, irritate, and embarrass the defendants and applicants, which constitutes an abuse of judicial process.
“The Claimants/Applicants have been found to have suppressed material facts, which misled the Court into granting the ex-parte reliefs sought and obtained.
“In light of this and in accordance with established judicial precedents and the existing Rules of this Honorable Court, the present suit against the Defendant is liable to be dismissed or struck out for want of jurisdiction, and the ex-parte order should be set aside,” stated the two unions.
Consequently, they have requested an order “setting aside, discharging, and/or vacating the ex-parte interim order of injunction that restrains the Defendants/Respondents, their members, 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 of June 2023, in Suit No: NICN/ABJ/158/2023 between the Federal Government of Nigeria & anor. vs Nigerian Labour Congress and anor.”
It is worth noting that in a ruling delivered by Justice O.Y. Anuwe on June 5, the court barred the two organizations from proceeding with their planned strike action until the suit brought against them by the Federal Government is determined.
The court ordered that the interim order and the substantive suit be immediately served on both groups, referred to as Defendants/Respondents in the suit. Further proceedings in the matter have been adjourned until June 19.
