Court prevents the NLC, TUC from beginning strike

The Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) were prohibited from going on strike by the National Industrial Court (NIC), Abuja, on Monday in protest of the Federal Government’s unilateral revocation of the fuel subsidy.

In a decision written by Justice O. Y. Anuwe, the court prohibited the two organizations from carrying out the strike action while it awaited the outcome of a lawsuit filed by FG.

The NLC and the TUC were named as defendants/respondents in the lawsuit marked: NICN/ABJ/158/2023. The court ordered that the interim order and the main action should be served on both parties promptly, even though it set the subject for hearing on June 19.

Following an ex-parte application that FG submitted via the Federal Ministry of Justice, the court issued the order.

The application’s proponent, Mrs. Maimuna Lami Shiru of the FG, said that the intended strike action could impair business operations as well as those in the health and education sectors.

Exhibits FGN 1, 2, and 3 were notices to members from the NLC, TUC, and Nigerian Union of Journalists, NUJ, requesting that they resign their positions as of Wednesday, June 7.

According to the court’s judgement, section 7(b) of the NIC Act, 2006 gave it sole authority over cases involving the issuance of orders prohibiting any individual or organization from participating in a strike, lockout, or other kind of industrial action.

It declared that the NIC Act of 2006’s sections 16 and 19(a) gave it the authority to provide immediate interim relief as well.

The court held that the affidavit of urgency as well as the submission of FG’s lawyer revealed: “a scenario that may gravely affect the larger society and the well-being of the nation at large”.

“Counsel has pointed out that students of secondary schools nationwide, especially those writing WAEC exams nationwide, will be affected; the tertiary institutions who have only just resumed after a long ASUU strike will also be affected, not leaving the health sector, amongst other sectors; and above all, the economy of the nation.

“In my view, this is a situation of extreme urgency that will require the intervention of this court,” Justice Anuwe held.

According to the judge, “Having therefore considered the totality of this application, I make the following orders:

“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.

“It is ordered that the defendant/ respondents be immediately served with the originating processes in this suit, the motion on notice and the order of this court hereby made.

“The motion on notice is hereby fixed for hearing on 19th June 2023. Hearing notices to that effect shall be served on the defendants/respondents along with the other processes.”

The Judiciary Staff Union of Nigeria, JUSUN, had called on its members across the nation to stop working on Wednesday in a notification that was signed by its general secretary, M. J. Akwashiki, before the order.