The National Industrial Court, sitting in Abuja, on Friday, granted an order restraining the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) from embarking or compelling anybody to go on a strike action.

The Federal Government, through the office of the Attorney General of the Federation (AGF), had brought a motion ex-parte to court, praying it to restrain the unions from embarking on strike, expected to commence on Monday.

In his ruling,the panel of three justices, headed by the President of the court, Justice B. Adejumo, granted an order restraining the defendants from embarking or inciting the general public to embark on strikes, street protests, mass rallies or any other action that would be inimical to the economic affairs of the country pending the determination of the motion on notice.

The court, therefore, adjourned till January 12, for the hearing of the motion on notice, as well as granted an order of substituted service of the process on the respondent through national dailies.

The claimant had, through their counsel, Fabian Ajogwu, prayed the court for an order restraining the defendants from embarking or compelling other persons to embark on a strike action or strikes, mass rallies and street protests pending the determination of the motion on notice.

It further prayed for an order restraining the defendants fron interfering with the exercise of the constitutional powers of the executive arm of government in the allocation and use of scarce resources, including but not limited to the transfer of resources previously allocated to the subsidy of petrol, among others, for the medium and long term socio-economic benefit of present and future generations of Nigerians.

Also, the claimant asked for an order restraining the defendants from interfering in any way with the executive implementation of the 2012 Appropriation Act and other connected duties of the government in the management of the economic affairs of the country.

The government also prayed the court to restrain the defendants from embarking and/or inciting Nigerians to embark on strikes, street protests, mass rallies or any other action that would be inimical to the economic affairs of the country pending the determination of the motion on notice.

A 30-paragraph affidavit of urgency deposed to by one Yusuf Mok, a counsel in the office of the AGF, averred that the removal of subsidy was not a dispute of right of the defendants or their members, adding that the defendants did not also raise any dispute arising from a collective and fundamental breach of contract employment on their part.

He further averred that the defendants had not submitted any dispute to arbitration nor served the claimant with a notice of arbitration, adding that the call for strike by the defendant was made without formal declaration of a dispute relating to labour relations or employees’ rights.

The government averred that the defendants did not conduct any ballot in accordance with the rules and constitution of the trade union at which simple majority of all registered members were given opportunity to vote on whether or not to go on strike.

The claimant, therefore, stated that unless the court stopped the strike, the defendants would interefere with the executive implementation of the 2012 Appropriation Act, adding that the defendants would also take action that would breach the peace and interference with the maintenance of law.

It also claimed that the country would lose a huge income if the strike was not stopped, just as it would affect the bilateral agreement which the country had entered with other neighbouring countries and lead to a great economic damage to the nation.

Counsel to the claimant, Mattew Echo, had argued that if the application was granted, the respondents had nothing to lose.

He added that if the prayer was disallowed, the plan of NLC and TUC would affect the security of the nation, hence it would be in the interest and stability of the country if the prayer was granted.

Earlier the court had struck out prayers 2 and 3 for not being labour-related issues, but rather policy issues which the court had no jurisdiction to entertain.

Meanwhile, NLC has described the injunction as a black market injunction, declaring that it was not aware of any of such order as it had not been served any court summon or order.

A statement signed by NLC Acting General Secretary, Comrade Owei Lakemfa, last night, therefore, called on Nigerians to ignore the purported injunction.

Comments (2)

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fuel subsidy
written by haruna omeiza, January 07, 2012

God where was our past leaders when things got brokendown like this?pls let us exercise cautions bc am afraid for the poor woman,the poor man the little boy there along the street who may be @ the receiving end,God is watching

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chief
written by udombakara, January 07, 2012

has the federal gorvenment ever obeyed court injunction? Is it not the right of the citizen to demand for thier right? Who took who to court?where is the subsidy money for diesel and kerosene?johnathan is being fooled by old crook.gudluck,gudluck,gudluck..how many times have i called thee?

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