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Falana To FG: You Can’t Threaten Labour, As Battle Line Drawn Over Protest

February 25, 2024

A senior Advocate of Nigeria, SAN, Femi Falana has written a scathing letter to the Attorney General of the Federation, Lateef Fagbemi over this week’s protest by the Organised Labour in the country.

The Trade Union Congress, TUC and Nigerian Labour Congress, NLC, are billed to embark on a two-day warning protest this week to call government attention to the economic hardship facing Nigerians.

The protest is billed for Tuesday and Wednesday this week.

On Saturday however, the Attorney General of the Federation and Minister of Justice , Lateef Fagbemi threatend labour with a contempt of court charges if they went ahead with the protest.

The AGF, in a letter he wrote to Falana yesterday said the protest would be a violation of last year’s Nigeria Industrial Courts, NIC, order to Labour not to go on strike.

In his reply to the AGF, Falana, a human rights lawyer said it’s the workers’ right to protest in line with the 1999 Constitution.

What the federal government should do, Falana said is to ensure that the Nigerian police Force, NPF, provide security for thr Labour during the protest to endure that it’s not hijacked.

The rights lawyer said the government policies have brought untold hardship to the members of the unions, saying the federal government has failed to implement the agreement reached with Organised Labour .

He explained that instead rather implement the agreement, the federal government chose to initiated “contempt proceedings against the NLC and TUC at the National Industrial Court,”

Falana’s letter dated February 24 read in part: “It would be recalled that following the removal of fuel subsidy by President Bola Ahmed Tinubu on May 29, 2023, the Federal Government commenced negotiations with the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) as the subsidy removal policy had brought untold hardship to Nigerians.

“While the negotiations were in progress, the Federal Ministry of Justice rushed to the National Industrial Court to file Suit No NICN/ABJ/158/2023 between the Federal Government of Nigeria & Anor. v Nigeria Labour Congress & Anor in respect of the same issues.

“On June 5, 2023, the Honourable Justice Yemi Anuwe granted the application of the Federal Government for an ex parte order to restrain the NLC and TUC from embarking on a strike against the removal of fuel subsidy.

“Although both the NLC and TUC complied with the ex parte order, they promptly filed an application to set aside the same for lack of jurisdiction.

“They equally asked for a stay of execution of the order ex parte pending the determination of the motion. The application to set aside the ex parte order filed by the defendants and the motion for interlocutory injunction filed by the claimants have not been considered as parties resolved to settle the case out of court.

“Even though the parties signed a 16-point memorandum of understanding, the Federal Government did not implement all the terms of the agreement. Hence, on August 2, 2023, both NLC and TUC held a peaceful protest throughout the country.

Instead of implementing the Agreement, the Federal Government initiated “contempt proceedings against the NLC and TUC at the National Industrial Court,” adding that the charge had since been challenged by the union at the industrial court.

Therefore “We submit, without any fear of contradiction, that the proposed public protest of the NLC is not contemptuous of the two ex parte orders of the National Industrial Court,”Falana said in the letter.

Part of the letter to the AGF read:

“On November 10, 2023, the Federal Government filed another Suit, No NICN/ABJ/322/2023 between the Federal Government of Nigeria & Anor. at the National Industrial Court against the NLC and TUC, notwithstanding the pendency of Suit No. Suit No NICN/ABJ/158/2023.

“On that same day, the President of the National Industrial Court, the Honourable Justice Benedict Kanyip, granted an ex parte order to restrain the NLC and TUC from embarking on the planned strike.

“However, His Lordship directed that the case file be transferred to Justice Olufunke Yemi Anuwe who is handling a similar labour dispute between the same parties.

“Both NLC and TUC challenged the competence of the fresh suit on the ground that it constitutes a gross abuse of court process, inter alia. The application has not been heard and determined by the National Industrial Court.

“Having withdrawn the contempt proceedings filed against the NLC and TUC for embarking on a public protest on August 2, 2023, you ought not to have threatened the NLC with contempt of court over its plan to hold rallies from February 27-28, 2024, against the astronomical cost of living in the country.

“We submit, without any fear of contradiction, that the proposed public protest of the NLC is not contemptuous of the two ex parte orders of the National Industrial Court.

“In particular, the issue of contempt does not arise as the NLC has challenged the jurisdiction of the National Industrial Court to entertain the substantive case.

“It is further submitted that the National Industrial Court has not restrained the members of the NLC from exercising their fundamental rights to freedom of assembly and freedom of expression to protest against the excruciating economic pains being experienced by the masses.

“In the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65, the Court of Appeal upheld the fundamental right of Nigerians to protest on matters of public interest without a police permit. In the leading judgment of the Court, Olufunmilayo Adekeye JCA (as she then was) held inter alia:

“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done…

“If as speculated by law enforcement agents that breach of the peace would occur, our criminal code has made adequate provisions for sanctions against the breakdown of law and order so that the requirement of a permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.”

“Since freedom of speech and freedom of assembly are part of the democratic rights of every citizen of Nigeria, the Court of Appeal further held that, “the legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”

“Consequently, the National Assembly has ensured that the right of aggrieved citizens to protest peacefully for or against the government is protected.

“Thus, section 83(4) of the Police Establishment Act 2020, which “where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting, rally or procession will take place shall mobilize personnel to provide security cover for the meeting, rally or the procession.”

“While we have advised the members of the NLC to conduct the rallies scheduled for February 27-28, 2024, in a peaceful manner, we urge you to use your good offices to direct the Inspector-General of Police to provide adequate security to the conveners and participants in the protest in line with the provisions of Section 83(4) of the Police Establishment Act.

“Finally, while awaiting your favorable reply to this letter, please accept, as usual, the assurance of our highest esteem.”

Labour Strike: Demobilise Your Members In Interest of Peace, Ajaka Begs TUC, NLC

Tosin Olatokunbo

February 25, 2024

Murtala Ajaka, the 2023 governorship candidate of the Social Democratic Party, SDP, in Kogi state has joined some well meaning Nigeria urging Organised Labour in the country to shelve its planned strike.

The two major labour unions in the country, Nigerian Labour Congress, NLC, and Trade Union Congress, TUC, gave a 14-day warning strike to to the federal government on February 9.

The planned strike, according to the workers was to press home their demand on the government to intervene in the current hardship in the caused by the high price of food items and other households commodities.

The ultimatum has expired last week amidst apprehension among Nigerians that the workers could embark on the strike this week, with attendant consequences for the country.

In a statement on Sunday, Akaka called on Labour to give President Bola Ahmed Tinubu enough time to sort out the economic problems in the country.

He said going on the planned strike will worsen the current insecurity in the country as it may be hijacked by hoodlums to unleash mayhem.

According to the SDP candidate, the rich and the poor are suffering due to the situation, but insist that strike will not solve the problem, as it will take time to revamp the economy.

“The decision to go on strike if not revisited could trigger precipitous consequences in the forms of exacerbation of the current quagmire and an escalation of criminality and attendant insecurity which are predictable recipes for the breakdown of civil order.

“This is due to systemic institutional adjustments by the government that are geared towards revamping our abyss-bound economy. It is a global experience that the pain we confront now is the immediate shock that logically attends to such redemptive economic policies.

“Truly, all Nigerians including my humble self are groaning under the excruciating torment of this harsh existential reality but on the flip side, it is a call to patriotic understanding so that our reactions do not undermine the unity and security of the country.

“I therefore plead with Organised Labour to exercise exemplary patience, demobilise their members from the imminent industrial action and grant the government the benefit of trust at least till the 29th of May, 2024 when this administration would be one calendar year post-inauguration. This I seek in the national interest

Regarding The Abia Power Matter

The Source

February 25, 2024

By Val Obienyem

One of the best pieces of news emerging from the East is the imminent commissioning of the geometric power plant, poised to supply nearly half of Abia state with uninterrupted power for 24 hours. In fact, if fairness were to prevail, the entire area should enjoy round-the-clock electricity, with the one meant for the area to be covered by Geometric Power being redirected to other parts of the state.

During the privatization of power distribution, Mr. Peter Obi, then Chairman of the South-East Governors Forum, spearheaded discussions with Geometric Power, culminating in the establishment of a company to bid for privatization. The aim was to empower Geometric to address the power crisis in the region. At that juncture, the project was near completion, and I vividly recall accompanying Mr. Peter Obi on several visits to the project site.

As is often the case in Nigeria, vested interests prevailed over public welfare and optimal solutions. The South-East Governors, in collaboration with Geometric, were side-lined. It was a familiar tale of short-sightedness trumping the greater good.

Since then, Geometric Power has lain dormant. The lethargic governance of Abia State, under Dr. Okezie Ikpeazu, failed to take decisive action—though, one might wonder, what could one expect from a governor who, in eight years, couldn’t revitalize Aba despite its pivotal role in Abia’s fortunes? Such ineptitude amounts to a monumental failure.

While the intricacies behind the scenes remain murky, credit must be given to the current Governor of the State, Dr. Alex Otti, for his undoubted efforts in reigniting the project. It is actions like these that shape our perceptions of leadership and governance.

Hats off to Geometric, hats off to Professor Bath Nnaji, hats off to the people of Abia State. May the nation one day fully embrace the ingenuity of individuals like Nnaji to tackle its power challenges.

Obienyem, a Lawyer and prolific public commentator wrote from Awka

Niger Republic: Northern Senators Hail Lifting Of Sanctions By ECOWAS

The Source

February 25, 2024

By Daniel Maduka

The Northern Senators Forum has described the decision of the Regional Body, Economic Community Of West African States, ECOWAS, to lift the sanctions imposed on Niger Republic as a welcome development.

This is even as it has called on the Niger Junta Leaders to fast track the processes aimed at restoring democratic order.

In a statement issued on Saturday February 24 2024 by the Northern Senators leader, Kawu Sumaila, the Forum particularly appreciated the leaders of ECOWAS for being receptive and responsive to pleas from respected quarters for a review of the sanctions slammed on Niger as a result of the July 26 ,2023 ouster of the country,s democratically elected government by the military.

“We are pleased that ECOWAS has responded to pleas by us both at individual and collective levels.

“The Northern Senators Forum believes that the principled and emphatic decision made by the ECOWAS to lift the sanctions on Niger is a testament to the organizations commitment to regional integration and solidarity, cooperation and respect for human rights.

“The action will go a long way in alleviating the suffering of the people of Niger Republic as well as restoring stability and economic growth and development in the West African Sub region.” Senator Kawu noted.

The Northern Senators’ Forum while commending ECOWAS for the bold decision, however aligned itself with the stand of the regional body on the need for early restoration of democratic governance in Niger.

“The Northern Senators Forum stands in solidarity with ECOWAS and its leadership on the importance of returning Niger Republic to democratic governance.

We are therefore calling on Niger Republic authorities to hasten the process of restoring democracy and the reign of rule of law in the country.

The Northern Senators thanked President Bola Tinubu and other leaders of ECOWAS, as well as all other eminent people whose interventions culminated in the lifting of the sanctions

South West Speakers Conference Bemoan High Cost Of Foodstuff, Urges FG To Find Solution

Ayodele Oni

February 25, 2024

By Ayodele Oni

The Southwest Conference of Speakers has called on the federal government to urgently address the astronomical hike in prices of food and other commodities in the country.

The speakers, in a communiqué at the end of a meeting at Ikogosi, Ekiti State, released on Sunday, expressed worry over the rising economic concerns and food shortage in Nigeria at the moment, imploring citizens to also support government efforts in finding lasting solutions to the crisis.

The conference, in its resolutions, pushed for increased regional integration efforts to foster economic growth and development across the Southwest states.

On security, the conference advocated collaborative measures among southwest states to address the escalating security challenges facing the region.

It advocated devolution of power to states and state policing, which it said has become imperative.

It stressed the need for harmonized legislation to align legal frameworks across the Southwest region as the conference said it would soon hold an exhaustive legislative summit to address critical issues affecting the region.

Why NLC Should Suspend Planned Nationwide Protest – Fagbemi, Says Its Contempt Of Court

Akinwale Kasali

February 25, 2024

By Akinwale Kasali

The Attorney General of the Federation, AGF, and Minister of Justice, Lateef Fagbemi, has appealed to the Nigeria Labour Congress, NLC, to shelve its planned nationwide protest over the pathetic state of the nation’s economy.

NLC’s counterpart, the Trade Union Congress, TUC, which was expected to join in the strike action has opted out of the action and revealed that it was not carried along in the decision to go on strike.

The AGF said that the NLC and the TUC had planned a nationwide protest scheduled for February 28th and 29th, 2024, but said it is a contempt of court. He raised a subsisting order which restrained the union from embarking on any industrial action.

Fagbemi, in a letter to NLC’s Counsel, Femi Falana, SAN, dated February 23rd February, 2024, said: “I wish to draw your esteemed attention to the Joint Press Release dated 8th February 2024, containing a 14-day ultimatum, jointly issued by the President of the NLC and President of the TUC as well as the notice of a two-day national protest issued by the NLC President on 16th February 2024.

“A cursory perusal of the above press release clearly shows that the planned protest is premised on or connected with alleged non-implementation of the 16-point agreement reached with the Federal Government on October 02, 2023, consequences of the hike in the price of PMS, and other associated issues. It is therefore safe to assert again that the proposed cause of action by NLC is targeted at achieving objectives or promoting issues connected with a hike in fuel price and consequential matters of palliatives workers ‘ welfare, and associated government policies.

“You may wish to note that the foregoing issues or objectives are at the core of the pending case before the National Industrial Court. Upon the submission of grievances to the court, parties in the suit cannot resort to public protests over the same issues, as such conduct amounts to gross contempt and affront to the institution of our courts of law. Therefore, the proposed nationwide protest action in all ramifications is in clear violation of the pending interim injunctive order granted in SUIT NO: NICN/ABJ/158/2023-FEDERAL GOVERNMENT OF NIGERIA & ANOR V. NIGERIAN LABOUR CONGRESS & ANOR on 5th June 2023 restraining both NLC and TUC from embarking on any industrial action or strike of any nature.

“It is not in doubt that the planned protest is designed to compel the government to accede to the demands of organised labour, therefore, such action qualifies as an industrial action which comes within the ambit of the restraining order. This restraining order has neither been stayed nor set- aside and therefore remains binding.”

The AGF also stated that the Federal government had substantially met the demands of the union as contained in the Memorandum of Understanding entered with the NLC.

Fagbemi said, ” I wish to note that the government has substantially and reasonably complied with the items in the MOU and it is only appropriate and equitable for organized labour to engage more with the government to ensure the full implementation of same, especially in areas that have been inhibited by unforeseen challenges.

“ May I, therefore request that you kindly implore and enjoin your clients to refrain from self-help by shelving the proposed protests which are antithetical to the mediatory engagements leading to the execution of the MOU, tantamount to undermining subsisting restraining court order, and occasioning disruption of public service, order, and safety.”

The NLC, however, insists on the strike action.

Arewa Economic Forum Wants Excess Allocation To States Diverted To Fuel Subsidy, Says Governors Not Justifying Increment

Ayodele Oni

February 25, 2024

By Ayodele Oni

The Arewa Economic Forum (AEF) has advised the Federal Government to summon the political will in arresting Naira’s free fall by banning the practice of keeping dollars at home or in offices.

Also the forum demanded stringent measures against all those hoarding the dollars and their sponsors.

According to the Forum Chairman, Alhaji Shehu Ibrahim Dandakata, “The government should investigate why dollars go up after every FAAC meeting.

“Relevant government agencies should also ban the practice of paying for goods and services online in dollars.

“Dollar is not a legal tender in Nigeria. Every transaction must be in Naira as far as it is the country. If we don’t stop our obsession with the dollar, our Naira will never rise.”

Further defending its call for the subsidy reversal, the AEF said “We are therefore calling on President Tinubu to reverse the subsidy removal policy and use the extra money FAAC has been giving to the states to resume paying subsidy on PMS.

“The President should do this urgently if he knows he can’t find a way within the limit of his constitutional powers and political influence to make the governors more accountable to the people.

“A check we conducted on recent FAAC allocations has shown that some of the states have had their allocations increased by up to 90 percent with little or no improvement in the lives of the people. The percentage increase in the allocations to states after fuel subsidy removal is humongous.

“We are also calling on the government to put together a proper social register that can be used to distribute food items to Nigerians without the involvement of the state governments. If the government can put together a voter register, it can also give us a credible social register.

On the ongoing national discourse around State Police, the Forum rejected the idea, arguing that it would ultimately be prone to abuse by the State governors for political reasons.

“The best option will be for State governments to support and empower the existing Police Constabulary with funds and logistics. Such measures would assist the security agencies to tackle and check the worrying level of insecurity nationwide.”

The Forum also wanted priority attention on education, emphazising that teaching our young ones both the hard and soft skills can give them real sustenance and make them useful to the economy, adding; “Skills rather than mere certificates should be the priority”.

On food security, the Forum charged State governments to make irrigation facilities accessible to farmers, while the Federal Government work on promoting semi-mechanized farming that creates job opportunities for the unemployed as against fully mechanized farming that would render the “people jobless and redundant.”

We Are A United Family, Abia PDP Assures Amidst Calls For Chairman’s Resignation

The Source

February 24, 2024

By Daniel Maduka

The Peoples Democratic Party, PDP, Abia state Chapter has passed a vote of confidence in its State Chairman, Dr Asiforo Okere and his Executive, and assures the party remains one united family.

In an interview with The Source on Saturday February 24 2024, the PDP Acting Vice Chairman/ Publicity Secretary Comrade Abraham Amah noted that despite all conceivable attempts to distabilize the party and distract it from performing its role as the main opposition voice in Abia state ,it will remain focused.

He spoke against the backdrop of calls last week by a Concerned Group for the resignation Dr Okere citing his alleged inability to unite the party after the election as major reason.

The Concerned Group also lamented that since the formation of the party in 1999 ,the PDP in the state has never been as fragmented as it is today under the watch of Dr Okere ,adding that the party has failed to act, and or speak out against the continued refusal of the Abia state House of Assembly leadership to swear in Hon Aaron Uzodike over three months after he was declared duly elected as a member representing Aba North State Constituency on the platform of PDP

However, while speaking with this Magazine, Comrade Amah dismissed the group as a nebulous entity, not only unknown to the party, but also being sponsored by some political forces to cause disaffection and disunity within the party. He added that Dr Okere led State Working Committee SWC remains committed, focused and dedicated in the task of leading the party in the state .

“In the first instance the so called group is not known to us . They are faceless people being sponsored by some people who are not comfortable with our resoluteness in fighting for truth, rule of Law and democracy.

One of the issues the so called group raised- the refusal of the Abia state House of Assembly leadership to swear in one of our candidates in the last election,Hon Aaron Uzodike as a member representing Aba North state constituency after his victory at the Appeal is being pursued in accordance with laid down laws.

“So, for them to wake up and start accusing the party leadership of not doing any thing in that direction is a pointer that they are being used by our rivals to derail our course .”Amah stated

The Acting Chairman / Publicity Secretary further noted that with the state congress of the party fast approaching , it is not unusual for some people who are nursing political ambition to ignite tension and turmoil of the type being orchestrated by the concerned group.

“The tenure of the current SWC will come to an end in August and after that there will be a congress. So part of the antics of political actors is to use some people to foment crisis. We are seeing the activities of the so called concerned group as part of the build up for the Congress by some political interests.” Amah noted .

According to him Dr Okere as the chairman, has remained a quintessential party man, who sacrificed almost every thing to achieve victory for the PDP at his polling unit, ward, local council and federal constituency during the last general elections.

“We want to call on our supporters across the state to disregard the antics of some unknown entities ,trying to create the false impression that PDP in Abia is fragmented. We are a united and cohesive family, and we are focused on the task of providing an alternative voice to the good people of Abia state” the Acting vice Chairman assured

Akpata Denies Involvement In Abure’s Arrest

Akinwale Kasali

February 24, 2024

By Akinwale Kasali

Labour Party, LP, Governorship Candidate in the upcoming Edo State Gubernatorial Election, Olumide Akpata, has denied any involvement in the travails of the Party’s National Chairman, Julius Abure.

Abure and four other members of the Party were arrested by officials of the Edo State Police Command over alleged murder threat and other infractions.

Akpata in a statement, slammed another aspirant of the party, Mr Kenneth Imansuangbon, for making “reckless unfounded comments” linking him with Abure’s arrest.

“I have been made aware of reckless and unfounded comments made by Mr Kenneth Imasuagbon in the press (yesterday) February 21, 2024, where he accused me of being behind the recent arrest and detention of Comrade Julius Abure, National Chairman of the Labour Party, Comrade Kelly Ogbaloi, Edo State Chairman of the Labour Party, and other party officials by the Nigeria Police Force.

Julius Abure - Arrested — Julius Abure, LP Chairman: Arrested by Police

“Let me categorically state that these allegations made by Mr. Imasuagbon, who claims to be a lawyer and should, therefore, know better, are completely false and, frankly, very irresponsible. I had no involvement whatsoever in the arrests he referred to.

“As we have been told by the Public Relations Officer of the Nigeria Police”.

The LP governorship aspirant expressed concern over the arrest of the Party’s National Chairman and other party officials barely 48 hours to the Party’s Governorship Primary election in Edo State, just as he expressed worry over the delay of the release of the party’s delegates’ list of the ward congresses conducted last Tuesday.

Meanwhile members of the civil society group condemned what they described as police brutality meted against Abure.

Reacting to Abure’s ordeal, Barrister Abraham Oviawe said all Nigerians of good conscience must rise and condemned the way and manner the National Chairman of the LP was arrested in a gestapo-like manner adding that an injury to one is an injury to all.

“Iam not a member of the Labour party, we saw the chairman of the party being harassed over an allegation which took place while he was not in Nigeria. We are very disturbed that a man who enjoys such a position is deserving of an invitation, he is known, his address is not spurious.

“We equally condemned that attack on the petitioner but we feel that to correct what has been done wrong to the petitioner is not to create another problem. We feel that the national chairman of the Labour party deserves an apology. We know that the Police and its collaborators at the appropriate time will pay for the damage done”.

Also, the duo of Marxist Kola Edokpayi and Comrade Olu Martins called on the Nigerian also condemned the inhuman treatment meted against Abure as crude and unintelligence and ludicrous.

Abure and colleagues have since been released on bail.

After Intervention By Gowon, Nigeria’s Fmr Head Of State, ECOWAS Relaxes Sanctions On Niger, Mali, Guinea

Ayodele Oni

February 24, 2024

By Ayodele Oni

The Economic Community of West African States (ECOWAS) has resolved to lift economic sanctions on Niger Republic, Mali and Guinea.

The resolution was taken at the extraordinary summit on the peace, political and security situation in the ECOWAS sub-region in Abuja on Saturday.

The regional bloc, however, said the political and targeted sanctions remain. The West African bloc had in a swift response to the military coup in Niger, enforced a no-flight zone over the country.

The Nigerian government also cut off power supply to the military-ruled country to persuade the juntas to restore democracy in the country.

Former Nigeria military Head of State, Gen Yakubu Gowon had in a letter early in the week appealed to feuding parties to sheath sword.

Gowon, one of the founding fathers of the regional body advised that all parties in the present logjam should be ready to shift position just as he urged lifting of the sanctions imposed on Mali, Burkina Faso and Niger Republic.

In an open letter to the Heads of State and the ECOWAS member states, Gowon stated that “I have noted with deep concern and sadness, the past and recent developments unfolding in the West African sub-region, particularly the pronouncement by Burkina Faso, Mali and Niger of their intention to exit from the Economic Community of West African States.

“As one of the founders of our regional economic community, it is incumbent upon me to speak on behalf of the 14 Heads of State and Government who joined me in Lagos, on 27th May 1975, to establish ECOWAS.”

One of the affected countries had also imposed flight ban on Nigeria in the wake of the crisis.

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