Court rules on conditions for industrial strike actions

The National Industrial Court has spelt out the conditions that must be met by the organised labour before embarking on an industrial action.

The court sitting in Abuja listed the conditions as it delivered judgment in case brought against the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) by the Federal Government.

The FG has sought the court to intervene and stop the unions from embarking on a nationwide indefinite strike, called by labour leaders over hike in fuel price.

In the judgment delivered by Hon. Justice Kanyon, he stated that workers are entitled to strike actions

The court further held that Nigeria is a member of the ILO and ILO recognises strike actions as a negotiation tool by workers.

The court listed conditions for such strike to include, “The obligation to give prior notice and to give room for negotiation.”

The court also held that the issue over the increase in petroleum products was not a trade dispute but outside and that workers have right to embark on strike to drive home their demand provided those in essential services are excluded.

Femi Falana, SAN & Co. represented the NLC while Kayode Ajulo & Co. represented TUC.

The federal government was represented by Mr. Dayo Apata, the Director of Civil Litigation.

DailyTimes recalled that the National Industrial Court has restrained the Nigeria Labour Congress (NLC) from going on its planned strike on Wednesday, May 18th 2016, pending the hearing and determination of a suit brought before it by the Attorney General of the Federation (AGF).

The Attorney General, Abubakar Malami, had dragged he NLC to the Industrial Court, seeking an order of the court restraining the NLC from proceeding with the planned strike.

He had sought the order on the ground that the strike would paralyse the nation’s economy.

The AGF wanted the court to decide whether the NLC complied with conditions precedent in law before threatening to embark on strike.

He told the Industrial Court that its refusal to grant the application would render the suit useless.

When asked by the presiding judge, how the AGF knew the NLC was planning to go on strike, Mr Malami said he saw a statement issued by the labour union on their website and that the statement had been published by the media.

The Court was presided over by the President of the National Industrial Court, Justice Babatunde Adejumo.

Adejumo had ordered all parties at the time to maintain the status quo until the hearing and determination of the exparte motion.

Joy Ekeke