Basically, the right of workers to embark strike is protected by the National Labour Relations Act (NLRA). However, not all strikes are deemed legal. This is because, whether a strike is lawful depends on the purpose of the strike and whether the collective bargaining agreement includes a “no-strike” clause. Last week, the Nigerian Labour Congress (NLC) and its counterpart , the Trade Union Congress (TUC) passed a joint resolution to embark on an indefinite strike unless the Federal Government reverses the its decision to increase fuel price. But few hours before the commencement of the strike, the Federal Government through the Attorney-General of the Federation and Minister for Justice, Mr. Abubakar Malami (SAN), rushed to the National Industrial Court (NIC), Abuja with an ex-parte application seeking for an order of interlocutory injunction restraining the respondents (NLC/TUC) from embarking on industrial action pending the determination of the originating summons. The AGF also asked for an order of interlocutory injunction retraining the labour unions from demonstration or engaging in any act that may disrupt the economic activities of the nation pending the determination of the originating summons. In an affidavit filed in support the motion, the AGF submitted “that if the planned strike is allowed to go on, the Federal, State and Local Government will lose revenue worth billions of Naira, thereby causing untold hardship and unimaginable security problems/challenges across the country.” The AGF also said that the labour had not complied with the laid down procedure for declaring a strike and had not given the government notice of the plan to go on strike adding that government merely became aware of the plan through publication in the media. Malami insisted that the FG had no issue or disagreement with labour concerning the welfare or rights or condition of service with the different industrial unions and trade union congresses affiliated to NLC to warrant the threats to proceed on strike or causing a breakdown of law and order in the country. The minister asked the court to determine: ‘’whether the respondents (NLC, Trade Union Congress) have complied with the laid down condition precedent for embarking on strike and ‘’whether indeed there exist in law and in fact the basis of which the respondents’ total closure of the economy can be justified’’. Ruling on the application, the President of the court, Justice Babatunde Adejumo gave the restraining order after the Attorney -General of the Federation moved an ex-parte application. In his ruling, Justice Adejumo declared that “It is the order of this court that none of the parties shall engage in any act, conduct, overtly, covertly on this matter pending the hearing and determination of the motion on notice,” Justice Adejumo held: “The defendants are hereby restrained from carrying out the threat contained in their communiqué issued on May 14th pending the hearing and determination of the motion on notice filed on May 16. It is the order of this court that none of the parties shall engage in any act, conduct, overtly, covertly on this matter pending the hearing and determination of the motion on notice,” However, despite the court verdict, the NLC vowed to go ahead with its planned strike, but the TUC obviously opted out. The Ayuba Wabba-led NLC was reported to have told reporters at the end of marathon meeting with the representatives of the FG led by the Secretary to the Government of the Federation Babachir David Lawal that the labour body was going on with its planned indefinite industrial action. But since it is within the rights of labour to go strike, can the court take away that right from the labour? Speaking on the issue, Chief Gani Adetola- Kaseem (SAN) said ‘’It is one of the roles of the court to adjudicate on labour disputes. If a union decided to embark on strike, the employer can approach the court to restrain the strike action until the issues are determined. Don’t forget that it is a national issue, even if there is a subsisting strike, the court can asked the unions to suspend it until the case is determined’’. According to him, ‘’ the rights of workers to embark on strike is not at large, if it is at large then; it means that nothing can be done to cure it. Employers also have the right to abort the strike and one of the means is to approach the court’’. ‘’The National Industrial Court is within its jurisdiction to entertain such application brought by the AGF, so the other parties will have the opportunity to also express their position on why the strike ought to go on. It would be wrong for NLC not to obey court’s order. There must be rule of law otherwise there will be chaos in the society’’ . Another lawyer, Alhaji Adebayo Adelodun (SAN) said ‘’my take on the issue is that labour has not exhausted all peaceful efforts before resulting to go on strike. I think the strike is uncalled-for. As far as the court intervention is concerned, the constitution has CONTINUED FROM PAGE 33 graded the National Industrial Court with the power to adjudicate on any labour or contractrelated disputes, so if the Attorney-General of the Federation approaches the court and the court has deemed it fit to issue an interim injunction, it would be wrong for anybody including labour to disobey the order of court. Labour has a duty as a responsible organisation to go to the court and lay bare its own case. It is within the rights of labour to go strike and nobody can take that right from labour. But, there could be instances where the court will feel that the strike is not justified’’. Speaking in the same vein, Dr Tunji Abayomi said ‘’Industrial action must follow certain procedures. Again, there is the question, whether this type of industrial action is within duty of a Trade Union? This is because the first duty of a Trade Union is the welfare of workers. But, Trade Unions in Nigeria are becoming more and more political. We elected a government to govern us for good or for bad and the Trade Union is neither elected or mandated or authorised by law to monitor on our behalf the choices of that government. So, apart from legitimacy under law, there is also the organic duty. But whether that organic duty covers the tendency of Trade Union that we see in the country is another thing entirely. I raised this issue during Obasanjo’s regime when the NLC led by Adams Oshiomhole was leading so called protest. I think there is need for the court to give us some clarity as to the duties of Trade Unions under the Trade Union Act’’. But former secretary, Nigerian Bar Association (NLC), Lagos branch, Mr. Ike Uko said ‘’the point is labour is free to exercise its rights to ask for better working conditions and I think labour is not likely to abide by the ex-parte order. They are likely to go on strike if they have made up their minds. It is a ritual that we are used to. The AGF should be talk- By:WALE IGBINTADE Source: nationalmirroronline]]>