As a result of the leaders of the Nigeria Labour Congress and the Trade Union Congress organising a statewide anti-subsidy protest on August 2, 2023, the Federal Government went back on its word and dismissed its contempt lawsuit against them on Monday.
Just five days prior to the development, the Federal Ministry of Justice had filed a lawsuit against the leaders of organised labour for allegedly breaking a court order prohibiting them from organising the national protest.
The National Industry Court had barred organised labour from going on strike, but Femi Falana, a human rights attorney and the union’s attorney, believed the union could still protest.
NLC Confirms Suspension Of Strike After Meeting Bola Tinubu
The organised labour and President Bola Tinubu met on Wednesday night and came to an accord to call an end to the one-day protest. This was accompanied by agreements that the Federal Government would swiftly adopt subsidy relief and approve labour awards.
Despite the agreement, the Ministry of Justice sued organised labour for court contempt. This infuriated labour leaders, who later declared they would start a statewide strike on August 14.
On the other hand, the Federal Ministry of Justice declared on Monday that the government had changed its mind about proceeding with the contempt lawsuit.
In a letter dated August 7, 2023, the ministry stated that the contempt proceedings brought against the Nigeria Labour Congress for starting a nationwide protest last Wednesday were no longer legitimate. The letter was sent to the congress through its attorney, Femi Falana SAN.
The ministry filed the contempt proceedings prior to the President and the National Assembly’s interventions, according to the letter signed by the Permanent Secretary, Beatrice Jeddy-Agba.
The letter, addressed to NLC’s counsel, Femi Falana read, “ The attention of the Federal Ministry of Justice has been drawn to the Communique issued by the Nigeria Labour Congress on 3 August 2023 wherein NC announced the suspension of its nationwide protests and criticised the contempt summons issued by the National Industrial Court (*Court”), amongst other issues.
“Kindly recall the exchange of correspondence between the Ministry and your Office on the need for compliance with the extant court orders, restraining industrial action of any kind on the part of the Nigeria Labour Congress and Trade Union Congress. The position of the Ministry was informed by the need to safeguard the integrity of the court and prevent avoidable service disruption or damages to public facilities.
“However, despite these exchanges/interventions, the labour unions on 2nd August 2023 proceeded with the industrial action through public protests which led to disruption of work and the eventual pulling down of the gate of the National Assembly. The foregoing prompted the Ministry to initiate contempt proceedings by filing Form 48 on the same 2nd August 2023 in accordance with Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 of the Judgment (Enforcement) Rules.”
UPDATE: NLC In Emergency Meeting Over Suspension Of Strike Action
The letter further read, ““It is trite that issuance of Form 48 is just the starting point in contempt proceedings which will only crystalise upon the issuance of Form 49 and the consequential committal order. Upon the intervention of His Excellency, President Bola Ahmed Tinubu and the decision of the labour unions to call-off their industrial action after meetings with the President and leadership of the National Assembly, this Ministry did not proceed further with the contempt proceedings, which would have required the issuance of Form 49 within two days of the issuance of Form 48.
“It is self-evident that the none-issuance of Form 49 as at 4th of August 2023, renders the contempt proceedings inchoate. You may therefore wish to advise or guide the labour unions on the practice and procedure of contempt proceedings, particularly to the effect that the issues or concerns raised by NLC in its communiqué on the proceedings have been overtaken by events.”
When asked on Monday if the NLC will call off its planned strike, Falana said that choice ultimately rests with the union leaders.
UPDATE: Senate Reacts As Aggrieved NLC, TUC Protesters Pull Down NASS Gate
In an effort to prevent a labour movement strike last month, the FG had, through the Federal Ministry of Justice, obtained an order from the National Industrial Court prohibiting the National Labour Congress (NLC) and the Trade Union Congress from taking any strike action over issues relating to “removal of fuel subsidy, hike in petrol prices, and consequential increase in cost of living,” pending the outcome of the suit.
In a statement, Jedy-Agba requested the NLC to revoke the seven-day warning it had issued regarding its intention to launch a statewide strike on August 2 if the demands of labour unions were not met.
On July 26, the justice ministry issued a strong warning, stating that the union’s planned strike would constitute contempt of court, a crime that carries a prison sentence.
In light of the fact that the case was already pending in court, the FG said that such a strike action would amount to a self-help measure.
However, the organised labour announced a statewide demonstration despite the court’s order because they were frustrated by the FG’s tardy response to their negotiations and the holdup in implementing palliative measures to ease the pain of subsidy elimination.
NLC Refutes Tinubu’s N1Trillion Claim On Fuel Subsidy Removal
However, Falana, SAN claimed that the planned protest was legitimate.
Due to the widespread economic and commercial paralysis caused by the protests on Wednesday, some states’ banks, offices, and courts were forced to close.
The Federal Government started a contempt of court prosecution against the labour leaders as retaliation for their defiance, which infuriated the unions.
The National Assistant Secretary, Chris Onyeka, however, stated in a telephone interview with The PUNCH on Monday that in light of the letter from the Federal Ministry of Justice, the Congress would call an organ meeting and provide the proper instructions on the next course of action.
According to Joe Ajaero, the national president of the NLC, the upper house of the National Assembly will meet with organised labour on Tuesday (today) in Abuja.
The labour leaders would keep the administration accountable for every deal signed, Ajaero added.
Nationwide Protest: Your Palliative Measures Deceptive – Kano NLC Roasts Tinubu
Speaking during an interview with Channels Television which was closely monitored by one of our correspondents, Ajaero said, “Just like you rightly said, the protest was suspended due to the intervention of the Senate and the President of the Federal Republic of Nigeria, President Bola Ahmed Tinubu. When we suspended the protest, the Senate vowed to get back to us within one week and just this evening, we got a notice that we have been invited for a meeting with them tomorrow (Tuesday). On the other issues, we are yet to get the modalities on the restructured negotiating team. “We are going to do our jobs as labour leaders and we will not be tired. We expect the government to respect every agreement reached.”
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