Workers of the Federal Capital Territory Administration (FCTA) under the Joint Union Action Committee (JUAC) on Thursday resumed their indefinite strike over unresolved welfare issues, following a Court of Appeal order staying the execution of the National Industrial Court’s injunction against the strike.
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The development came after JUAC leaders, through their counsel led by Femi Falana, SAN, successfully obtained an order from the Court of Appeal staying the execution of the National Industrial Court’s January 27, 2026 ruling that had directed workers to suspend their strike.
In a ruling delivered on January 28, 2026, the Court of Appeal in Abuja granted a stay of execution of the National Industrial Court’s interlocutory injunction pending the determination of the appeal filed by Rifkatu Iortyer and Abdullahi Umar Saleh, President and Secretary of JUAC respectively.
The Court of Appeal also granted the appellants leave to appeal against the interlocutory ruling of the National Industrial Court on grounds other than fundamental rights.
The case, with Suit No: NICN/ABJ/17/2026, was filed against the Honourable Minister of the Federal Capital Territory and the Federal Capital Territory Administration as respondents.
The National Industrial Court, in its ruling delivered on Tuesday, January 27, 2026, by Hon. Justice E.D. Subilim, had granted an order of interlocutory injunction restraining the defendants (JUAC leaders) and all members of the Joint Unions Action Committee comprising all Trade Unions involving employees of the FCT Administration from embarking on any industrial action.
The injunction specifically restrained them from “further embarking on any industrial action, strike, picketing, lock-out, or any other form of disruption against the Claimant/Applicants and their heads of Departments, Parastatals, and Political Appointees.”
The order included actions aimed at “crippling operation, blocking roads, obstructing the flow of vehicular movement, shutting down operations of the Claimants/Applicants, or by any means frustrating the businesses/activities of the 2nd Claimants/Applicants.”
The case was adjourned to March 25, 2026, for Motion on Notice.
In their Notice of Appeal filed on January 28, 2026, the appellants raised four main grounds challenging the National Industrial Court’s decision:
Ground One – Error in Law: The appellants argued that the learned trial judge erred in law when he granted an order of interlocutory injunction restraining them from industrial action without proper jurisdiction.
They contended that:
- The appellants were not sued in a representative capacity
- Proper parties were not placed before the court
- The lower court lacks jurisdiction to make orders binding on persons not joined as parties
- The Joint Unions Action Committee comprises all registered trade unions of employees working with the Respondents, who are the necessary parties
Ground Two – Jurisdictional Error: The appellants argued that the learned trial judge erred in law when he assumed jurisdiction to hear and determine the motion for interlocutory injunction when the substantive suit was filed in contravention of the provisions of Section 13 of the Trade Dispute Act and Section 14 of the subsidiary legislation (National Industrial Court Rules).
They argued that:
- Section 13 of the Trade Dispute Act provides that “a trade dispute to which section 13 of the act applies shall be commenced by reference from the Minister”
- The substantive suit was commenced without being referred to the Court by the Honourable Minister for Labor and Productivity
- The substantive suit contravenes the provisions of the Trade Dispute Act
Ground Three: The ruling is against the weight of law.
Ground Four: General error in the overall decision.
Only a few workers were seen around the FCTA Secretariats, Departments and Agencies on Thursday, compared to the massive turnout on Wednesday, in compliance with the JUAC directive to stay at home.
The strike, which originally began on January 19, 2026, was briefly suspended following the National Industrial Court’s ruling on January 27, but resumed after the Court of Appeal granted the stay of execution.
Following the National Industrial Court’s initial ruling on January 27, Mrs Nancy Nathan, acting Head of the Civil Service of the FCTA, had directed all FCT workers to resume work on Wednesday.
FCT Minister Nyesom Wike had equally warned that there would be consequences for any worker who refused to resume, while assuring workers that the FCTA was open to reasonable negotiation and that the majority of their demands had been addressed.
However, consequent on the Court of Appeal’s stay of execution, the Secretary of JUAC, Abdullahi Saleh, in a circular issued on Wednesday, told the workers that the strike would continue from Thursday.
He encouraged the workers to stay at home and pray for the success of the strike, stressing that the struggle demands unity, discipline and unwavering commitment.
Saleh recalled that the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) had, in a joint communique issued on January 28, 2026, asked the FCT workers to defend their rights with courage and dignity.
The labour unions argued that the order of interlocutory injunction obtained by Wike and the FCTA was against the President of JUAC, Mrs Rifkatu Iortyer, and Secretary Abdullahi Saleh, and not the trade unions.
In a communique signed by NLC acting General Secretary, Benson Upah, and TUC Secretary General, Nuhu Toro, the unions insisted that the strike continues until Wike negotiates with the FCT workers.
The appellants are being represented by a formidable legal team led by Femi Falana, SAN, along with Funmi Falana, SAN, Samuel Ogala, Esq., Maxwell Opara, Esq., and Femi Adedeji, Esq., from Falana & Falana’s Chambers.
The respondents are being represented by Dr. Ogwu J. Onoja, SAN, FCArb, M.A. Ebute, SAN, George Ibrahim, SAN, and other lawyers from Dr. O.J. Onoja, SAN & Associates.
The matter is expected to come up for full hearing at the Court of Appeal, while the National Industrial Court case has been adjourned to March 25, 2026.
The Court of Appeal’s intervention has effectively nullified the National Industrial Court’s order that would have compelled workers to return to work, allowing the strike to continue legally pending the determination of the substantive appeal.
[pdf-embedder url=”https://thenigerialawyer.com/wp-content/uploads/2026/01/Court-Of-Appeal-Stays-National-Industrial-Court-Injunction-As-FCT-Workers.pdf” title=”Court Of Appeal Stays National Industrial Court Injunction As FCT Workers”]
As of the time of this report, the FCT Administration had not issued any response to the Court of Appeal’s ruling or indicated whether they would seek a review of the decision or engage in negotiations with the striking workers.
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