The Nigeria Labour Congress, NLC, has informed the Solicitor-General of the Federation and the Permanent Secretary of the Ministry of Justice that no order, whether interim, interlocutory, or perpetual, has been issued by the National Industrial Court or any other court prohibiting Nigerian workers from participating in peaceful rallies organized by it.
It also reminded the Federal Government, through the Solicitor-General, that there is an ongoing decision that the right to demonstrate and protest on matters of public concern is in the public interest, which individuals must possess and exercise without restriction as long as no wrongful act was committed.
These were indicated by the Labour Centre in a letter from Falana chambers to the Permanent Secretary/Solicitor-General, titled “Re-NLC in contempt of court,” and signed by Sam Ogala.
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The letter follows a projected protest by organized labor on Wednesday, August 2, over the termination of the subsidy on petrol, the resulting hardship on Nigerians, and the government’s incapacity to implement palliatives to cushion the severe effect of the subsidy payment halt.
The letter read: “In your reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country, you were reported to have accused the leaders of Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.
“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court to the effect that ‘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 June 5, 2023.’
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“You will agree with us that the National Industrial Court or any other court has not granted an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.
“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an industrial action or strike of any nature, you ought not to have threatened our client with contempt of court.
“It is pertinent to draw your attention to the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65 where the court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgment of the court, Justice Adekeye said as follows:
“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.
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“If as speculated by law enforcement agents that breach of the peace would occur, our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.
”Finally, freedom of speech and freedom of assembly are part of democratic rights of every citizen of the republic; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.
“Having advised the Nigeria Labour Congress and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020, which states that ‘where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security cover for the meeting, rally or procession.”
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