The National Industrial Court has restrained the Nigeria Labour Congress (NLC), Trade Union Congress (TUC) as well as their affiliates from embarking on any form of strike or industrial action.
The leadership of the two unions last week Friday served notice of the impending strike at a press conference asking the President Bola Tinubu-led government to immediately remove Imo State police commissioner and the Area Commander, among other officials, for their alleged complicity in the humiliation of Ajaero and other workers.
They took the decision during an extraordinary National Executive Council meeting held on Tuesday in Abuja. At the meeting, the unions reviewed the modalities of the planned strike following the brutalisation of the NLC National President, Joe Ajaero by the police in Imo State last week.
Order of the National Industrial Court stopping the two major labour unions from embarking on nationwide strike was issued on Friday Nov 10, 2023.
President of the Court, Justice Benedict Bakwaph Kanyip issued the restraining order following an ex-parte application to that effect brought before the Court by the Federal Government of Nigeria and the Attorney General of the Federation (AGF) and Minister of Justice Lateef Fagbemi (SAN).
Justice Kanyip invoked sections 17 and 19 of the National Industrial Court Act to issue the restraining order against the Labour.
The Federal Government and the AGF through their lawyer, Tijani Gazali (SAN), had in the ex-parte application prayed the court to stop the planned strike action so as to stop untold hardships that would be inflicted on innocent law abiding citizens and their businesses.
Gazali, a Director of Civil Appeals in the Federal Ministry of Justice while arguing the ex-parte application drew the attention of Justice Kanyip to series of hardships suffered by Nigerians on Thursday alone when the labour unions blocked entrances to the main Airports in the country.
He pleaded that unless the planned strike action is stopped, there may be likelihood of breach of peace and tranquility in the country.
The Judge who was persuaded by the government arguments in a short ruling said that it is within the power of the court to intervene by way of restraining order to ensure peace and tranquility.
He proceeded to grant all the requests of the federal government as contained in the motion paper.
Besides, Justice Kanyip directed that the restraining order be pasted on the wall of the Labour House being the last known address of the two defendants to draw their attention to the Court’s position.
The Judge also directed that the order along with the originating and other processes be served on the defendants by publication in two major national dailies.
Meanwhile, the case file has been transferred to Justice Olufunke Yemi Anuwe of same National Industrial Court who was said to be handling similar labour dispute related matters between the two parties.
Justice Anuwe, the Court President said, would issue hearing notice to the parties at the appropriate time.