ENUGU, Nigeria (VOICE OF NAIJA)- Human Rights Lawyer, Femi Falana, SAN, has responded to statements from Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who described the ongoing industrial action as “premature, ineffectual and illegal.”
In a statement on Sunday, Fagbemi emphasized that the agitation for an increase in the minimum wage is currently being addressed.
He asserted that the labour unions had not fulfilled the necessary conditions to embark on a strike action.
Vanguard reports that Fagbemi’s letter to the two labour unions noted that the Federal Government of Nigeria and other stakeholders in the Tripartite Committee on determining a new national minimum wage had not concluded negotiations.
He argued that since the Federal Government of Nigeria and State governments are not the only employers affected by a new national minimum wage, it is essential to balance the interests and capacities of all employers, including the Organized Private Sector.
Additionally, Fagbemi highlighted an extant order from the National Industrial Court (NIC) that bars the labour unions from any form of strike action, urging the unions to return to the negotiation table.
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In response, Falana stated that Organized Labour has not committed any offense and urged the Tripartite Committee to expedite negotiations to facilitate the strike’s conclusion. He said:
“We remain Solicitors to the President of the Nigeria Labour Congress, Comrade Joe Ajaero, and the President of the Trade Union Congress, Comrade Festus Osifo. We have the instructions of both labour leaders to write this letter.
“In your letter dated June 1, 2024, you claimed that the ongoing industrial action by our clients for a new national minimum wage constitutes a disobedience of the orders of the National Industrial Court and the Court of Appeal. You also accused our clients of breaching sections 41 and 42 of the Trade Disputes Act by not giving a 15-day notice before the strike.
“In reacting to your allegations, we wish to state that our clients have neither disobeyed court orders nor breached the provisions of the Trade Disputes Act in any manner whatsoever.
“Our clients have always given more than a 15-day notice of an industrial action or strike in line with section 41 of the Trade Disputes Act. However, upon receiving the strike notice, the Federal Government has always rushed to the National Industrial Court to procure an ex parte order to restrain workers from striking or protesting.
“Even though the offices of the Nigeria Labour Congress and Trade Union Congress and their counsel are close to the Federal Ministry of Justice, the Federal Government has consistently procured ex parte orders to stop strikes on the basis of self-induced urgency. Thus, the National Industrial Court has, through ex parte orders, obliterated the right of Nigerian workers to strike contrary to the Trade Union Act and Trade Disputes Act.
“Our clients have not committed any offense by participating in the ongoing strike. In the case of Federal Government & Anor vs. Academic Staff Union of Universities (ASUU), the National Industrial Court held that the penalty for industrial action is the forfeiture of salaries or wages during the strike. The presiding Judge, BB. Kanyip PNIC, stated that all provisions of the Trade Disputes Act permit the ‘no work, no pay’ rule, allowing employers to withhold salaries for the strike period.
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“You referred to the interim injunctive order granted on June 5, 2023, in the case of FEDERAL GOVERNMENT OF NIGERIA & ANOR V. NIGERIAN LABOUR CONGRESS & ANOR, which restrained the unions from any strike. However, the order does not pertain to the current strike over the new minimum wage. The case has been resolved amicably as parties and their counsel have signed the terms of settlement drawn up by you.
“As you are aware, the case of Federal Government v Nigeria Labour Congress has been resolved, and the terms of settlement have been signed. Therefore, our clients cannot be accused of violating the interim order of the National Industrial Court. Hence, the Federal Government has not filed any contempt proceedings against our clients in the National Industrial Court.
“You also referenced the case of Oshiomole & Anor. v FGN (2004) LEPLR-5188(CA) and suggested that the Court of Appeal prohibited workers from striking. With respect, that interpretation does not represent the decision of the Court of Appeal. Their Lordships upheld the right of workers to strike on matters arising from trade disputes. Thus, our clients are on firm ground in leading the current strike over the new minimum wage.
“Finally, you assured the nation’s trade unions that the Government would continue to adopt a conciliatory approach to resolving workers’ and citizens’ welfare issues in the spirit of collective bargaining. On our part, we have advised our clients to cooperate with the Tripartite Committee on National Minimum Wage in ongoing negotiations for industrial harmony.
“While appreciating your intervention in the industrial action, we advise the Tripartite Committee members to expedite negotiations so our clients can call off the strike.”