The Organised Labour has shrugged off the threat by the Nigerian government to activate contempt of court proceedings against its leadership if it embarks on the proposed industrial action.
The Nigerian Labour Congress and Trade Union Congress have announced their readiness to embark on an indefinite strike from October 3, 2023, over the government’s reluctance to meet their demands following the removal of fuel subsidy.
However, the Federal Government through Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN warned the workers that the proposed strike was in contravention of a subsisting court order restraining the unions from declaring an industrial action.
the AGF in a letter addressed to the counsel to the NLC and TUC, Femi Falana, SAN, reminded them that it was as a result of the disobedience to the order that the Ministry of Justice filed a contempt proceeding against the labour leaders.
He added that the ministry withdrew the suit following the intervention of President Bola Tinubu and the National Assembly.
The letter read, “You are kindly invited to recall the antecedence of previous steps/actions on this matter, particularly the exchange of correspondence between this office and your firm, before and after the nationwide “action/protest” declared by the NLC on August 2, 2023.
“Whilst your clients had maintained that the nationwide protest by the NLC is in furtherance of its constitutional right to embark on protests, the ministry has repeatedly advised on the need to advise your clients to refrain from resorting to self-help and taking actions capable of undermining subsisting orders of a court of competent jurisdiction.
“It is also to be recalled that based on the conduct of the said nationwide action/protest, this office instituted contempt proceedings against the labour leaders. However, upon the intervention of the President and National Assembly, coupled with the decision of the labour unions to discontinue their action/protest, the contempt proceedings were not prosecuted further. This was advisedly done to enable the government and labour union to engage in further negotiations without any form of encumbrances.
“However, in its communiqué issued at the end of its National Executive Council meeting on 31st August 2023, NLC resolved to embark on a total and indefinite shutdown of the nation within 14 working days or 21 days from August 31, 2023.
‘’Also on September 26, 2023, the Presidents of NLC and TUC, jointly issued a communiqué stating that organised labour had resolved, “to embark on an indefinite and total shutdown of the nation beginning on zero hours Tuesday, the 3rd day of October 2023.”
Fagbemi stated that from the contents of the communiqué and available media reports, the proposed strike action is connected with the removal of fuel subsidy and provisions of palliative for workers.
“These are undoubtedly issues that have been submitted to the National Industrial Court for adjudication. Therefore, the proposed strike action is in clear violation of the pending interim injunctive order granted on June 5 2023 restraining both the Nigeria Labour Congress and Trade Union Congress from embarking on any industrial action/or strike of any nature, pending the hearing and determination of the pending Motion on Notice”, he added.
However, the National Deputy President of the TUC, Tommy Etim, on Thursday, waved off the AGF’s warning, saying the contempt threat would not make the organised labour shelve their planned walkout, noting that the labour leaders were ready to be jailed for their convictions.
He stated, ‘’It is a threat but power belongs to the people. Let them carry all of us to the prisons. I can only answer by saying the end justifies the means. If that is what they want, let’s see what will happen on the 3rd of October. The good thing is that Nigeria is our country. If he would pack all the Nigerian people to prison, there is no problem.
‘’If the government wants to put us in prison, let them put us in prison. Going to prison is not a death sentence. After all, even a (former) president passed through the prison. Didn’t (Segun) Obasanjo go to prison? We are used to threats and it is not going to deter us, we are not cowards.
‘’We are working for the country and if the government feels it wants to put us in prison because we are working for the country, so be it. Let the end justify the means.’’
