The National Industrial Court on Monday granted an order restraining the Nigeria Labour Congress and the Trade Union Congress 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. Justice O. Y. Anuwe also ordered that the defendant/ Respondents be
The National Industrial Court on Monday granted an order restraining the Nigeria Labour Congress and the Trade Union Congress 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.
Justice O. Y. Anuwe also 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 Judge who fixed the Motion on Notice for hearing for 19th June said he gave the order after reading the supporting affidavit and Exhibits FGN1, 2 and 3, as well as the Written Address of counsel to the Federal Government.
“I have also read the affidavit of urgency dated and filed 5th June 2023.
Learned counsel for the Applicant has pointed out that the proposed strike action is capable of disrupting economic activities, the health sector and the educational sector. Exhibits FGN1, 2 and 3 are notices from the 1st defendant and the Nigerian Union of Journalists (NUJ respectively, to their members, to withdraw their services with effect from Wednesday 7th June 2023.
“By Section 7(b) of the National Industrial Court Act 2006, this court is empowered and indeed is clothed with exclusive jurisdiction in matters relating to the grant of any order to restrain any person or body from taking part in any strike, lock out or any industrial action or any conduct in contemplation or in furtherance of strike, lock out or any industrial action.
“Sections 16 and 19(a) of the NIC Act 2006 also empower this court to make orders or grant urgent interim reliefs.
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”, Justice Anuwe stressed.
The Judge said Counsel to the Federal Government 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”, the judge said.
Mrs Maimuna Lami Shiru of the Federal Ministry of Justice Dated had in a suit marked SUIT NO:NICN/ABJ/158/2023 Dated: 5th June, 2023 approached the court for a restraining order on the defendants/Respondents.
The Federal Government held meeting with the organised Labour; the Nigeria Labour Congress (NLC) on Wednesday and the Trade Union Congress (TUC) on Sunday. NLC had ordered it’s members to proceed on industrial action by Wednesday.
But while a team from the Ministry of Justice were activating the process of halting the industrial action in the court, the Federal Government resumed a meeting with representatives of organised Labour unions at the Presidential Villa over the current removal of subsidy on petrol.
The meeting with the TUC which ended in deadlock on Sunday has continued on the note of a possible conclusion on Monday as the labour leaders met with the Federal Government representatives including the Chief of Staff, Mr. Femi Gbajabiamila,Former Governor Adams Oshiomhole,Mr. Dele Alake among others.
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