The Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) are prohibited from going on strike as scheduled on Wednesday until the National Industrial Court rules on the move on notice.
The order was made today by Justice O. Y. Anuwe, who also postponed additional hearings until June 19.
The judge was making a decision about an ex-parte motion brought by the Federal Ministry of Justice’s Director of Civil Litigation, Mrs. Maimuna Lami Shiru, on behalf of the office of the Attorney General of the Federation (AGF).
The injunction will stay in effect until a motion on notice submitted by the Federal Government through the office of the AGF on June 5 is heard and decided, according to Justice Anuwe.
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The judge claimed that the argument made by the federal government’s attorney that the strike, if permitted, will cause irreparable harm to the country, guided her decision.
She said: “Having therefore considered the totality of this application, I make the following orders:
*The defendants/respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the motion on notice dated 5th June 2023.
*It is ordered that the defendant/ respondents be immediately served with the originating processes in this suit, the motion on notice and the order of this court hereby made.
*The motion on notice is hereby fixed for a hearing for 19th June 2023. Hearing notices to that effect shall be served on the defendants/respondents along with the other processes.”
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The NLC and TUC are named as defendants in the lawsuit with the case number NCIN/ABJ/158/2023, and the Federal Government of Nigeria and the AGF are identified as claimants.
The applicants emphasized that the proposed strike action has the potential to impair economic activity, the health sector, and the educational sector, Justice Anuwe said in the ruling.
According to Section 7(b) of the National Industrial Court (NIC) Act 2006, her court is authorized to grant any order restraining any person or organization from taking part in any strike, lockout, or other industrial action, or from engaging in any conduct that would facilitate or advance a strike, lockout, or other industrial action.
The judge added that Sections 16 and 19(a) of the NIC Act 2006 also empower this court to make orders or grant urgent interim reliefs.
She added: “The urgency enumerated in the affidavit of urgency and in counsel’s submission reveals a scenario that may gravely affect the larger society and indeed the well-being of the nation at large.
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“Counsel has pointed out that students of Secondary Schools nationwide, especially those writing WAEC exams will be affected; the tertiary institutions who have only just resumed after a long ASUU strike will also be affected, not leaving the health sector, amongst other sectors; and above all, the economy of the nation.
“In my view, this is a situation of extreme urgency that will require the intervention of this court.”
See Court Order Below:
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