Oct 3 Strike: FG, Labour Showdown Imminent; AGF Writes Falana

The federal government and the organised labour under the aegis of the Nigeria Labour Congress, NLC and Trade Union Congress, TUC, appear set for a complete showdown over the October 3 planned strike by the unions.

The two unions, on Tuesday, issued the strike notice to the government in a communique jointly signed by Chris Ajaero and Festus Osifo, president of NLC and TUC, respectively.

But in a letter to Femi Falana, counsel to the NLC and TUC, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, said going on strike would be in contempt of a subsisting order by the National Industrial Court of Nigeria, NICN.

The magazine had earlier reported a comment by TUC Deputy President, Tommy Etim to the effect that nothing can stop the indefinite strike next week even if the federal government decided to go to court.

According to a letter sent to Falana, the AGF urge him to advise the unions to obey the law, noting that embarking on strike would be in violation of the “pending interim injunctive order granted on June 5 2023,” by the NICN.

Fagbemi said the court order still remains binding, and NLC and TUC must abide by it, adding that by obeying the order more room for dialogue would be allowed for the federal government and organized labour to dialogue on the issue.

Part of the letter read, “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 August 2, 2023.

“Whilst your clients had maintained that the nationwide protest by the 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 action/protest, the contempt proceedings were not prosecuted further. This was advisedly done to enable the government and labour union to engage in further negotiations without any form of encumbrances.

“However, in its communiqué 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 August 31, 2023.

‘’Also on September 26, 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.

“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  June 5 2023 restraining both the Nigeria Labour Congress and Trade Union Congress from embarking on any industrial action/or 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.”

Recall that the federal government had earlier withdrawn a contempt charge against the unions following the intervention of President Bola Ahmed Tinubu and the National Assembly, for embarking on a strike on August 2.