Court stops health workers from going on strike

The National Industrial Court has stopped five health unions from proceeding on strike until the determination of the substantive motion before it.

The court said it issued the order in the larger interest of the society.

It ordered that status quo ante be maintained pending the hearing and determination of the motion on notice herein.

It however invoked Section 20 of the National Industrial Court Act, 2006 to encourage and facilitate amicable settlement of the dispute between the parties.

The affected unions are National Health Workers Union; National Association of Nigeria Nurses and Midwives; Senate Staff Association of Universities, Teaching Hospitals and Research Institutions and Associated Institutions; Nigerian Union of Pharmacists, Medical Technologists and Professions Allied to Medicine and Non Academic Staff Union of Educational and Associated Institutions.

The President of the court, Justice B.A. Adejumo, handed down the order following an ex-parte application by the Honourable Minister of Health and the Federal Ministry of Health.

It also asked the Minister and the Ministry and the five respondents to avoid any action that may lead to breakdown of law and order pending the hearing and determination of the motion on notice herein.

In his ruling, Justice Adejumo said: “I have gone through the processes filed accompanying the motion ex-parte.

“I am not satisfied that there is any threat by the respondent to embark on an industrial action which may warrant the court to grant the ex-parte order of injunction bring sought by the appellant.

“No proof to deduce the imminent danger to avert. No convincing averment upon which the court may base its balance of convenience. Considering all these, enough case has not been made warranting the court ordinarily granting the application as prayed.

“However, since a Labour court should not only consider the issues between or amongst the parties before it alone and should consider the consequential effect of its pronouncement on larger society, I am inclined to making an order in the interest of the larger society which are the citizenry of this nation, which may pay dearly with their lives, probably if nothing is done to prevent the likelihood of loss of lives in the process.

“It is in view of the above that I hereby order that status quo ante be maintained pending the hearing and determination of the motion on notice herein.

“It is therefore the order of this court that none of the parties to the motion on notice should embark on or carry out any act of industrial action, bait, strike, picketing or lock out pending the hearing and determination of the motion on notice.

“The 1st and 2nd applicants herein as well as the 1st to 5th defendants/respondents are hereby restrained from doing anything either by themselves, or through agents, privies, servants or any person or body whatsoever and howsoever that may lead to breakdown of law and order pending the hearing and determination of the motion on notice herein.”

The court advised the parties to explore amicable ways of resolving the arising trade disputes.