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•We’re not in violation of any court order — NLC
Leaders of Nigeria Labour Congress, NLC, and their Trade Union Congress of Nigeria, TUC, counterparts, yesterday shunned a meeting called by the Federal Government in a desperate effort to avert the planned nationwide strike from October 3.
According to the two labour centres, government’s invitation came late as they had scheduled engagements outside Abuja, the federal capital.
The government had yesterday summoned an emergency meeting meeting with the leaders of NLC and their TUC, counterparts in an effort to sway Organized Labour and its allies to shelve the industrial action.
Vanguard gathered the meeting which was scheduled for 12 noon at Aso Villa, Conference Room of the Office of the Chief of Staff to Mr. President, was later shifted to the evening for NLC and TUC to reach their leaders outside Abuja. According to Vanguard sources, the NLC and its TUC counterpart received the government’s invitation yesterday morning through the ministry of labour and employment.
FG’s invitation letter
The invitation letter dated September 29 and cited by Saturday Vanguard was signed on behalf of the Minister of Labour and Employment, Simon Lalong, by the Director, Trade Union Services and Industrial Relations, Emmanuel Igbinosun.
The letter titled “Impending labour union strike invitation to a meeting”, reads in part “I bring you greetings from the Honourable Ministers of Labour and Employment. I am directed to invite the leadership of the Trade Union Congress Nigeria (TUC) for a meeting with the Chief of Staff to Mr. President on the above subject, scheduled as follows: Date: Friday, September 294, 2023
Time: 12 noon. Venue: Aso Villa, Conference Room of the Office of the Chief of Staff to Mr. President.
“Please be assured of the kind regards of the Hon. Minister of Labour and Employment.”
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NLC, TUC’s response
But in a response to the Minister’s letter, the two labour centres in a letter dated September 29, requested for a new date next week. The letter signed by Emmanuel Ugboaja, NLC’s General Secretary and Nuhu Toro, TUC’s Secretary General respectively, titled “Re-impending labour union strike: Invitation to meeting”, reads “We extend our warm regards to you and the entire team at your Ministry.
“We wish to express our sincere regrets for our inability to attend the proposed meeting between us and the Federal Government, scheduled for today the 29th Day of September due to already scheduled engagements our officials have outside Abuja.
Regrettably, the short notice provided for this meeting has posed significant logistical challenges for the majority of our leadership, rendering their participation unfeasible at this time. “In light of this, and in the interest of ensuring that any discussions held are representative of the NLC’s and TUC’s collective stance, we find it imperative to request the rescheduling of the meeting. “We trust that this request for a rescheduled meeting will be taken into consideration, and we look forward to your understanding in this matter.”
Strike declaration
Recall that the NLC, and TUC, had on September 26, declared indefinite strike starting from October 3. The planned nationwide strike, among others, is to make the government address its alleged insensitivity to the plights of Nigerians as a result of the removal of petrol subsidy and continuous demonstration of unwillingness and complete lack of initiative.
The two labour centers had equally advised Nigerians to stockpile foodstuffs because the strike would shutdown economic activities in the country. The President of NLC, Joe Ajaero and the TUC, Festus Osifo disclosed this after their separate Emergency National Executive Council, NEC , meeting in Abuja on Tuesday.
According to the communique read by the two Presidents, the indefinite strike was as a result of the alleged insensitivity of government to the plights of Nigerians as a result of the removal of petrol subsidy and continuous demonstration of unwillingness and complete lack of initiative.
FG reminds labour of subsisting court order
The Federal Government had earlier asked the Nigeria Labour Congress, NLC, and its Trade Union Congress of Nigeria, TUC, counterpart, to shelve their planned nationwide indefinite strike from October 3, saying going ahead with the proposed industrial action will amount to a gross violation of a subsisting court injunction.
The government argued that issues bordering on fuel subsidy removal, which informed the decision of the NLC and the TUC to declare the strike, are pending before the National Industrial Court, NIC.
FG writes unions through their lawyer
Speaking through the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, the government wrote to the head of the legal team of the two unions, Mr. Femi Falana, SAN, urging him to persuade his clients to abort the planned strike. The letter, dated September 26, read: “The attention of the Ministry has been drawn to media reports on the proposed nationwide strike action by the Nigerian Labour Congress, NLC, and Trade Union Congress, TUC, scheduled to commence on October 3, 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 August 2, 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 action/protest, the contempt proceedings were not prosecuted further.
We’re not in violation of any court order, Labour tells FG
Meanwhile, the NLC has faulted the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, over the statement credited to him to the effect that the proposed strike slated to commence from October 3 is in violation of the pending interim injunctive order granted on June 5, 2023.
The said interim injunction granted by the National Industrial Court of Nigeria, NICN, restrained both the Nigeria Labour Congress, NLC and the Trade Union Congress of Nigeria from embarking on any industrial action or strike pending the hearing and determination of the pending motion on notice.
But the NLC in a statement on Friday, which was signed by the Congress President, Joe Ajaero, said that it was baffling that the AGF was referring to a restraining order issued on June 5 through motion exparte which the Ministry of Justice in a formal statement had said lapsed due to non-diligent prosecution.
The statement read: “The Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, has been reported by most dailies of Friday, September 29 to have said that the proposed strike action slated for October 3rd “is in clear violation of the pending interim injunctive order granted on June 5, 2023, restraining both Nigeria Labour Congress and Trade Union Congress of Nigeria from embarking on any industrial action or strike pending the hearing and determination of the pending motion on notice…”
“ We find it curious that Mr Lateef Fagbemi, a thorough-bred professional could indulge in this kind of talk.
“We are shocked that Mr Lateef Fagbemi is referring to a restraining order issued on June 5 through motion exparte which the Ministry of Justice in a formal statement had said lapsed due to non-diligent prosecution.
“Which order could Fagbemi be talking about here, we demand to know.
“We similarly, find it necessary to remind Fagbemi that equating a restraining order to a perpetual injunction will do no small damage to our legal/judicial system.
“For once, we find it appropriate to reveal to the world that the court refused to sit during the pendency of the order to take our response to that order!
“Even though we would not want to be drawn into details here, representatives of the Federal Government on the National Steering Committee are on record to have said in the Villa that their mandate did not extend to subsequent increments after the one of N187—N537 thus differentiating between the issues for which the order (that has since run out of time) was issued.
“There are two ministerial portfolios whose offices constitutionally do not admit partisanship in the discharge of their duties. These are Minister of Labour and Employment, and Minister of Justice. In addition to their regular duties, they are expected to play the umpire role.”
“But here we find a Minister of Justice whose first major outing is not only an open partisanship but has descended into the arena with his robe and wig, losing in the process the umpire status!
“To gag us, to bind us, to tie us to the pole for life without a chance to hear us out will constitute not just malicious conduct but grievous injury to our fundamental human rights as enshrined in the 1999 constitution (as amended).
“We refuse to be gagged. We also want to remind those in power of their own history when they were out of power!
“We find it pathetic that Mr Fagbemi strives to operate from the high moral ground by advising “Labour Unions on the need to protect the integrity of courts and observe the sanctity of court orders”.
“ Who is causing more injury to the sanctity of the courts? Those seeking to convert a restraining order obtained under the cover of the night to a perpetual injunction or the victims of this terrorism?
“Coupled with all this, the Attorney General is advised to note that the letter, spirit, principles and intendment of the National Industrial Court are quite different from those of the regular court to which he is accustomed! Let him hire experts on NICN.
“Our response will not be complete without reminding Mr Lateef Fagbemi that we are the foremost pan-Nigerian organisation with an unrivalled patriotism and an illustrious history of popular struggle pre-dating our national independence. Accordingly, we do not need a lecture from any one on national interest, national security or preservation of our sovereignty.
Vanguard
