BREAKING: Court bars NLC, TUC from proceeding on planned strike
The National Industrial Court has barred the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) from proceeding on any industrial action.
The court gave the interim injunction in a suit brought before it by the Federal Government on Monday.
Justice O.Y. Anuwe who gave the ruling also fixed the hearing of the case for June 19, 2023.
The suit had the Federal Government and Attorney General and Minister of Justice as claimants, while the NLC and TUC were listed as defendants.
The claimants represent by Maimuna Lami Shiru, Feyisara Titiloye and Ekene Elodinuo had the following prayers:
“AN ORDER of interim injunction restraining the Defendants/Respondents, their members, their agents, employees, workmen, servants, proxies or affiliates from embarking on the planned Industrial Action and/or strike of any nature pending the hearing and determination of the Claimants/Applicants’ motion on notice for interlocutory injunction.
“AND such further or other orders as this Honourable Court may deem fit to make in the circumstance.”
In his ruling, Justice Anuwe said: “I have also read the affidavit of urgency dated and filed 5th June 2023.
“Learned counsel for the Applicant has pointed out that the proposed strike action is capable of disrupting economic activities, the health sector and the educational sector. Exhibits FGN1, 2 and 3 are notices from the 1st defendant and the Nigerian Union of Journalists (NUJ) respectively, to their members, to withdraw their services with effect from Wednesday 7th June 2023.
“By Section 7(b) of the National Industrial Court Act 2006, this court is empowered and indeed is clothed with exclusive jurisdiction in matters relating to the grant of any order to restrain any person or body from taking part in any strike, lock out or any industrial action or any conduct in contemplation or in furtherance of strike, lock out or any industrial action.
“Sections 16 and 19(a) of the NIC Act 2006 also empower this court to make orders or grant urgent interim reliefs.
“The urgency enumerated in the affidavit of urgency and in counsel’s submission reveals a scenario that may gravely affect the larger society and indeed the well-being of the nation at large. Counsel has pointed out that students of Secondary Schools nationwide, especially those writing WAEC exams 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.”
The judge therefore gave 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 for 19th June 2023. Hearing Notices to that effect shall be served on the defendants/Respondents along with the other processes.
The NLC had last Friday rejected the removal of fuel subsidy and gave the FG a five-day ultimatum to revert to old pump prices, threatening to go on strike on Wednesday.
