A national industrial court in Abuja has restrained the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) for embarking on a protest scheduled for Tuesday, February 3.
Emmanuel Subilim, the presiding judge, gave the ruling on
Monday following an ex parte application filed by Nyesom Wike, minister of the
Federal Capital Territory (FCT), and the Federal Capital Territory Authority
(FCTA).
Defendants in the case are NLC, TUC, Benson Upah,
spokesperson of NLC, Nuhu Toro, general secretary of NLC, Stephen Knabayi,
Kayode Egbetokun, inspector-general of police (IGP), FCT commissioner of
police, Department of States Services (DSS), and Nigeria Security and Civil
Defence Corps (NSCDC).
The FCT minister asked the court to restrain the first to
fifth defendants from embarking on any protest or strike against the FCTA.
“The claimants (Wike and FCTA) are apprehensive of the
breakdown of law and order, obstruction of vehicular movement, and violation of
the rights of the residents of the Federal Capital Territory, particularly
those in the private sector and other government establishments, which includes
other states of the federation, expatriates and tourists; hence the resort to
court action,” the suit reads.
“That despite the subsisting order of a competent court, the
1st-5th Defendants have perfected plans and are instigating the employees of
the 2nd Claimant to disobey the valid order of court and embark on protest, and
demonstration in the Federal Capital Territory against the Claimants.
“Unless the Honourable Court intervenes, the 1st-5th
Defendants, together with other members of the Joint Unions Action Committee
comprising all the employees of the 2nd Claimant/Applicant, will carry out
their threats of embarking on protest, demonstration and industrial action,
thereby crippling the operations of the Claimants/Applicants as well as the
economy and causing a breach of the peace and obstructing the flow of vehicular
movement in the capital city, Abuja.
“That it is in the interest of justice for this Honourable
Court to restrain the 1st – 5th Defendants to preserve the industrial peace and
further aid the continuous provision of essential services to the Nigerian
public pending the hearing and determination of the motion on notice.”
Ogwu Onoja, counsel to Wike, told the court that the planned
protest is a violation of an earlier order issued by the court.
On Sunday, NLC and TUC in a statement asked their members to
prepare for a “solidarity rally” to the office of the Federal Capital
Development Authority (FCDA) in support of the Joint Union Action Committee
(JUAC).
BACKGROUND
On January 19, FCTA workers began an indefinite strike
following “authorities’ failure to address long-standing labour and welfare
demands”.
The strike led to the shutdown of activities across
secretariats, departments and agencies of the FCTA and FCDA, which prompted the
minister to sue the JUAC over the industrial action.
On January 27, a national industrial court in Abuja ordered
the workers to suspend the strike.
Delivering the ruling, the presiding judge held that
although the matter before the court amounted to a trade dispute, the
defendants’ right to embark on industrial action was not absolute.
The judge had said once a dispute has been referred to the
national industrial court, any ongoing strike must cease pending the
determination of the case.
On January 27, the office of the head of civil service in
the FCTA directed all workers across its secretariats, departments and agencies
to immediately resume duties.
However, the NLC asked its members to continue their strike
action.
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