The National Industrial Court of Nigeria sitting at Abuja has restrained the Nigeria Civil Service Union and the Nigerian Civil service Union of the National Human Rights Commission from embarking on strike, protest or holding any meeting towards same.
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According to the court order sighted by TheNigeriaLawyer (TNL) with the Suit No: NIC/ABJ/ 159/2020 the application was made by the National Human Rights Commission (NHRC) against the Nigeria Civil Service Union; Nigeria Civil Service Union of NHRC Unit; Chairman (Efem Atu) and Secretary (Kurugh Jeffrey Bem) of the Nigeria Civil Service Union of NHRC Unit seeking the following reliefs:
“AN ORDER of interim injunction restraining the Defendants/Respondents by themselves, their agents, privies, proxies, affiliates and servants howsoever and in any guise from indefinitely withdrawing their services, shutting down the Applicant’s offices nationwide, embarking on any industrial action/strike, protest of any sort prior to or beginning from 15th of July, 2020 or any other day thereafter pending the determination of the Motion on Notice
“AN ORDER of interim injunction restraining the Defendants/Respondents by themselves, their agents, privies, proxies, affiliates and servants howsoever and in any guise from summoning any meeting, or holding any rally, or convocating any gathering, or implementing or planning or preparing for any indefinite withdrawal of their services, shutting down the Applicant’s offices nationwide, embarking on any industrial strike action , protest of any sort prior to or beginning from 15th of July, 2020 or any other day thereafter pending the determination of the Motion on Notice”
Upon reading the Affidavit in support deposed to by one Mallam Balarabe Sabo and after hearing Okechukwu Ajunwa, Esq for the Applicant, the court, per Hon. Justice E. N. Agbakoba, agreed that there is urgency in the matter to warrant the grant of the application.
“I agree with Learned Counsel to the Claimant Applicant that the nature of his case complied with Exhibit R in particular, the antecedent of this application together with accompanied historical issues surrounding constitute urgency of the application. See GROUP DANIONE & ANOR V VOLTIC (NIG) LTD 2011 LPELR SC where the Supreme Court held that exparte injunction orders are sparingly made, and only where the circumstances are urgent and compelling such as to leave the Court with no other alternative than in preventing an anticipated injury of a grave nature. Ogbuagbu JSC.”
Justice Agbakoba added that he is satisfied with the urgency of the application and believes that “the interest of justice in the land and the imperative of peace and harmony support the grant of this exparte order.”
The court therefore granted all the reliefs in the Motion Exparte.
“The Defendants, Nigeria Civil Service Union, Nigeria Civil Service Union (NHRC Unit), Efem Atu) Kurugh Jeffrey Bem are hereby restrained by themselves, their agents, privies, proxies, affiliates and servants howsoever and in any guise from indefinitely withdrawing their services, shutting down the Applicant’s offices nationwide, embarking on any industrial action/strike, protest of any sort prior to or beginning from 15th of July, 2020 or any other day thereafter pending the determination of the Motion on Notice
“The Defendants are also restrained from summoning any meeting, or holding any rally, or convocating any gathering, or implementing or planning or preparing for any indefinite withdrawal of their services, shutting down the Applicant’s offices nationwide, embarking on any industrial strike action , protest of any sort prior to or beginning from 15th of July, 2020 or any other day thereafter pending the determination of the Motion on Notice” the Court held.
It also directed NHRC to take reasonable steps to ensure the hearing of the Motion on Notice and sent the case file “back to the President for appropriate action.”
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