Falana insists NLC not in contempt of court as labour threatens to go on strike August 14

Femi Falana, a human rights activist and lawyer to the Nigeria Labour Congress has told the Federal Government to discontinue its contempt of court proceeding against the labour for going on a nationwide protest.

The labour had staged a nationwide protest on Wednesday which crippled the economy but the exercise was halted by the intervention of President Bola Tinubu who met with the leadership of the NLC and the Trade Union Council.

However, there seems to be another showdown between the government and the labour unions after the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mrs Beatrice Jedy-Agba, filed a contempt of court suit against the labour leaders for disobeying a court ruling restraining them from going on strike.

However, Falana said his clients were not in contempt of court, arguing that had already challenged the ex parte order obtained by the justice ministry from the National Industrial Court

The senior lawyer explained that if the labour unions were in contempt of court President Tinubu wouldn’t have called them for a meeting and the police would not have provided security during the protests.

“Labour is not in breach of any agreement. They were in a meeting with the president when a ministry official went behind to file contempt charges. That was an embarrassment.

“If the organized labour were in contempt, would the president have met with them? Would the police have marched with them? We have challenged the jurisdiction of the court, and we have challenged the competence of the ex parte order so she (Jeddy-Agba) knows she can’t be talking of contempt of court until our motion challenging the jurisdiction of the court and competence of the ex parte order is taken.”

The “notice of consequences of disobedience to order of the court”, titled “Form 48,” had already been filed before the National Industrial Court, Abuja.

The applicants are the Federal Government and the Attorney General of the Federation, while the various leaders of the organised labour were listed as respondents.

The notice was addressed to the NLC President, Joe Ajaero; Deputy Presidents, Audu Aruba, Adeyanju Adewale, and Kabiru Sani; General Secretary, Emmanuel Ugboaja; TUC President, Festus Usifo, and General Secretary, Nuhu Toro.

“Take notice that unless you obey the directives contained in the Order of the National Industrial Court, Abuja, delivered by Honourable Justice Y. Anuwe on June 5th 2023, as per the attached Enrolled Order, you will be guilty of Contempt of Court and will be liable to be sentenced to prison,’’ the contempt notice signed by Senior Registrar, Balogun Olajide, read but Falana urged Prewsident Tinubu to call the ministry of justice to order.

Responding to the charge, the NLC President, in a statement on Thursday said the Ministry of Justice and National Industrial Court have continued to ‘’allow themselves to be used as agents of anti-democracy.”

The labour centre noted that though it agreed to suspend its protests based on its meeting with the President, it would embark on a nationwide strike starting from August 14, 2023, should the government fail to withdraw the lawsuit filed against the labour leaders.

Highlighting the decisions of the NLC, Ajaero said the NEC resolved to support and affirm the decision to suspend further nationwide mass protest and to commit to maintaining the required vigilance needed to hold the government accountable for its assurances and governance in general.

The union further resolved to commit to the terminal date of August 19 within which the issues around the petroleum price hike would be agreed given the assurances of the President and the National Assembly.

The statement added that the NLC resolved “To go on total strike across the country any day labour leaders are summoned to court by the government through the NICN 5; To demand the immediate withdrawal of this litigious terrorism by the Federal Ministry of Justice before the end of work Friday, the 11th of August, 2023; To embark on a nationwide comprehensive strike beginning Monday 14th of August, 2023 if this contemptuous court summons is not withdrawn by whosoever initiated it.”

 

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