The National Industrial Court (NIC) has issued a restraining order against the Nigeria Labour Congress (NLC), Trade Union Congress (TUC), and their affiliates, preventing them from initiating any form of strike or industrial action.
The two major labour unions have been directed to halt their nationwide strike scheduled to begin on November 14, 2023. Justice Benedict Bakwaph Kanyip, the President of the Court, issued the restraining order following an ex-parte application brought before the court by the Federal Government of Nigeria, the Attorney General of the Federation (AGF) and the Minister of Justice.
Justice Kanyip invoked Sections 17 and 19 of the National Industrial Court Act to issue the restraining order against the labour unions. The Federal Government and the AGF, represented by their lawyer Tijani Gazali (SAN), prayed the court in the ex-parte application to prevent the planned strike action to avert untold hardships on law-abiding citizens and their businesses.
Gazali, the Director of Civil Appeals in the Federal Ministry of Justice, highlighted the hardships suffered by Nigerians on Thursday when the labour unions blocked entrances to the main airports in the country. He argued that unless the planned strike action is stopped, there may be a likelihood of a breach of peace and tranquillity in the country.
In a brief ruling, Justice Kanyip, persuaded by the Federal Government’s arguments, asserted that the court could intervene through a restraining order to ensure peace and tranquillity. He granted all the requests of the federal government as outlined in the motion paper.
Furthermore, Justice Kanyip directed that the restraining order be posted on the wall of the Labour House, the last known address of the two defendants, to inform them of the court’s position. He also mandated that the order, originating, and other processes be served on the defendants through publication in two major national dailies.
Simultaneously, the case file has been transferred to Justice Olufunke Yemi Anuwe, who handles similar labour dispute-related matters between the parties. Justice Anuwe, the President of the Court, will issue a hearing notice to the parties at the appropriate time.
