AGF Fagbemi wants Falana to advise his clients over disobedience to court order
The Federal Government has advised the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) to shelve their proposed plans to embark on a nationwide indefinite strike on October 3 on the grounds that there is a subsisting court order against strike by labour unions.
Speaking through the Attorney -General of the Federation (AGF) and Minister of Justice, Chief Lateef Fagbemi (SAN) on Thursday, Federal Government also insisted that the proposed industrial action by the labour unions would amount to a gross violation of a subsisting court injunction.
According to the Federal Government, issues bordering on fuel subsidy removal, which informed the decision of the NLC and the TUC to declare the strike, are already pending before the National Industrial Court (NIC)..
The Federal Government also reminded the the NLC and TUC that it was due to the willingness of the unions to enter into a negotiation over the issue that it was persuaded to withdraw a contempt proceedings that it initially filed against them.
In his letter to the head of the legal team of the two unions, Mr. Femi Falana (SAN) and made available to TheIdeal News on Thursday, the AGF urged Falana to persuade his clients to abort the planned nationwide strike.
The AGF added that from a review of the contents of the communiques of the labour unions and available media reports, the proposed strike is based on issues connected with the removal of fuel subsidy, hike in fuel price and consequential matters of making provisions for palliatives and workers welfare.
But Fagbemi added that the contentious issues have been submitted to the National Industrial Court for necessary adjudication.
The AGF therefore reminded the labour unions that their proposed strike is in clear violation of the pending interim injunctive order granted on June 5, 2023, which restrained both NLC and TUC from embarking on any industrial action/or strike of any nature, pending the determination of the pending Motion on Notice.
The letter, dated September 26, reads in part: “The attention of the Federal Ministry of Justice has been drawn to media reports on the proposed nationwide strike by the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC), scheduled to commence on October 3, 2023.
“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 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 engage in further negotiations without any form of encumbrances.
“However, in its Communique 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 31st August 2023.
“Also on 26th September 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.’
“From a review of the contents of the above communiques and available media reports, the proposed strike is premised principally in furtherance of issues connected with the removal of fuel subsidy, hike in fuel price and consequential matters of making provisions for palliatives and workers welfare.
“These are undoubtedly issues that have been submitted to the National Industrial Court for adjudication.
“Therefore, the proposed strike is in clear violation of the pending interim injunctive order granted on June 5, 2023 restraining both 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.
“We wish to reiterate that a court order, regardless of the opinion of any party on it, remains binding and enforceable until set aside.
“It is the expectation of the public that the labour unions would lead in obedience and observance of court orders and not in its breach.”
AGF Fagbemi also copied the Minister of Labour and Employment, Chief of Staff to the President, National Security Adviser (NSA), Inspector-General of Police and the Director-General, Department of Security Services (DSS).
It is instructive to note that the labour unions had vowed to enforce an indefinite nationwide strike from October 3, following what it called the Federal Government’s failure to address the economic hardship that Nigerians are facing over the removal of petrol subsidy
