24th February, 2024
By Kazeem Ugbodaga
The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi on Saturday said the planned nationwide protest of the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) in all ramifications is in clear violation of the order of the court.
Fagbemi, in a letter addressed to Femi Falana, counsel to NLC and dated February 23, 2024, drew his attention to the Joint Press Release dated 8th February 2024, containing a 14-day ultimatum, jointly issued by the President of the NLC and President of the TUC as well as the notice of a two-day national protest issued by the NLC President on 16th February 2024.
“You may wish to note that the foregoing issues or objectives are at the core of the pending case before the National Industrial Court.
“Upon the submission of grievances to the court, parties in the suit cannot resort to public protests over the same issues, as such conduct amounts to gross contempt and affront to the institution of our courts of law.
“Therefore, the proposed nationwide protest action in all ramifications is in clear violation of the pending interim injunctive order granted in SUIT NO: NICN/ABJ/158/2023-FEDERAL GOVERNMENT OF NIGERIA & ANOR V. NIGERIAN LABOUR CONGRESS & ANOR on 5th June 2023 restraining both NLC and TUC from embarking on any industrial action or strike of any nature,” he said.
Fagbemi added that it was not in doubt that the planned protest was designed to compel the government to accede to the demands of organised labour, and that such action qualified as an industrial action which comes within the ambit of the restraining order.
He said this restraining order had neither been stayed nor set aside and therefore remained binding.
Fagbemi said the government had substantially and reasonably complied with the items in the MOU and that it was only appropriate and equitable for organized labour to engage more with the government to ensure the full implementation of same, especially in areas that had been inhibited by unforeseen challenges.
The Attorney General implore Falana to enjoin the NLC to refrain from self-help by shelving the proposed protests which were antithetical to the mediatory engagements leading to the execution of the MOU, tantamount to undermining subsisting restraining court order, and occasioning disruption of public service, order, and safety.