The Attorney General of the Federation AGF and Minister of Justice, Prince Lateef Fagbemi has told human rights lawyer, Femi Falana SAN to call labour leaders to order and shelve their proposed October 3 nationwide strike or else, they face contempt charges at the law court.
Fagbemi, a Senior Advocate of Nigeria SAN insisted that the planned strike action is illegal and unlawful as it is a contempt of the National Industrial Court.
In a strongly worded letter, Fagbemi reminded Falana that as counsel to the Labour leaders, he is under obligation to let them know the consequences of their going ahead with the national strike action.
The letter, personally signed by the AGF drew the attention of the labour leaders to a subsisting order of injunction which restrained them from leading workers in the country to any form of strike action.
The letter read in part “The attention of the Ministry has been drawn to media reports on the proposed nation-wide strike action by the Nigerian Labour Congress (NLC) and Trade Union Congress (TUC) scheduled to commence on 3rd October 2023.
“You are kindly invited to recall the antecedence of previous steps, actions on this matter, particularly the exchange of correspondence between this Office and your firm, before and after the nationwide “action/protest” declared by the NLC on 2nd August 2023.
“Whilst your clients had maintained that the nationwide protest by NLC is in furtherance of its constitutional right to embark on protests, the Ministry has repeatedly advised on the need to advise your clients to refrain from resorting to self-help and taking actions capable of undermining subsisting orders of a court of competent jurisdiction.
“It is also to be recalled that based on the conduct of the said nationwide action, protest, this Office instituted contempt proceedings against the labour leaders.
“However, upon the intervention of the President and National Assembly, coupled with the decision of the labour unions to discontinue their protest, the contempt proceedings were not prosecuted further.
“This was advisedly done to enable the government and labour union engage in further negotiations without any form of encumbrances.
“However, in its Communique issued at the end of its National Executive Council meeting on 31st August 2023, NLC resolved to embark on a total and indefinite shutdown of the nation within 14 working days or 21 days from 31st August 2023.
“Also on 26th September 2023, the Presidents of NLC and TUC, jointly issued a communiqué stating that organised labour had resolved, “to embark on an indefinite and total shutdown of the nation beginning on zero hours Tuesday, the 3rd day of October, 2023.”
“From a review of the contents of the above communiques and available media reports, the proposed strike action is premised principally in furtherance of issues connected with the removal of fuel subsidy, hike in fuel price and consequential matters of making provisions for palliatives and workers welfare.
“These are undoubtedly issues that have been submitted to the National Industrial Court for adjudication. Therefore, the proposed strike action is in clear violation of the pending interim injunctive order granted on 5th June 2023 restraining both Nigeria Labour Congress and Trade Union Congress from embarking on any strike of any nature, pending the hearing and determination of the pending Motion on Notice.
“We wish to reiterate that a court order, regardless of the opinion of any party on it, remains binding and enforceable until set aside. It is the expectation of the public that the labour unions would lead in obedience and
observance of court orders and not in its breach.
‘It is therefore the earnest expectation of this Office that your distinguished law firm will advise the labour unions on the need to protect the integrity of courts and observe the
sanctity of court orders.
“Consequently, you are kindly requested to impress it upon the organized labour unions to note the fact that their proposed strike action is in gross breach of the subsisting court order, as well as the appropriateness of addressing their grievances/demands within the ambit of the law.
“Hence, the need for them to be more accommodating and show greater appreciation of the effect of the order of the court, by shelving the strike action.
“The foregoing will afford parties more room for further mutual engagements, for a holistic and sustainable resolution of all outstanding issues on this matter in the overall national interest”, the letter said.