A legal luminary and human rights activist, Mr Femi Falana (SAN), has disclosed that the proposed nationwide strike by the Nigeria Labour Congress (NLC) is in order, insisting that Labour is not in contempt of any court order by the National Industrial Court (NIC).
According to Falana, the National Industrial Court or any other Court has not granted an order of interim, interlocutory or perpetual injunction, stopping Nigerian workers from participating in peaceful rallies convened by the NLC.
Falana stated this in a letter he addressed to the Solicitor General/Permanent Secretary, Federal Ministry of Justice, Mrs Beatrice Jedy-Agba while the letter was acknowledged by the office of the Solicitor General on July 28.
A copy of the letter titled: “Re: NLC in contempt of court” , which was signed by Mr Sam Ogala on behalf of Falana & Falana Chambers, was made available to TheIdeal News on Sunday.
The NLC had given a seven-day ultimatum to the Federal Government, saying that it would commence a nationwide strike as from Wednesday, August 2.
But Mrs Jedy-Agba had faulted the ultimatum and reminded the NLC that it lacked the capacity to embark on the nationwide strike on the grounds that there is pending injunction by the NIC, which restrained Labour from embarking on strike.
Falana, however, stated that the proposed nationwide strike by Labour is legal and in order.
The Senior Advocate’s letter to the Solicitor General reads in part, “In your reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country you were reported to have accused the leaders of the Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.
“Contrary to your unwarranted allegation, the NLC does not intend to disobey the ex parte order of the National Industrial Court to the effect that “The defendants/Respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the Motion on Notice dated 5th June 2023.”
“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an Industrial action or strike of any nature, you ought not have threatened our client with contempt of court.
“It is pertinent to draw your attention to the case of INSPECTOR-GENERAL OF POLICE v ALL NIGERIA PEOPLES PARTY (2008) 12 WRN 65 where the Court upheld the fundamental right of Nigerians to protest without police permit.
In the leading judgment of the Court, Justice Adekeye said as follows:
“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.
“If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.
“Finally, freedom of speech and freedom of assembly are part of democratic rights of every citizen of the republic; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.
“Having advised the NLC and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020, which “where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to , the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security to provide security cover for the meeting, rally or the procession.”
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