The Counselor of the Nigerian Labor Congress, Femi Falana (SAN), has mentioned the union’s proposed nationwide protest doesn’t quantity to contempt.
In response to him, following the withdrawal of contempt proceedings in opposition to the NLC and TUC for his or her protest on August 2, 2023, the following risk of contempt from the Federal Authorities in opposition to the NLC for organizing one other protest on February 27 and 28, 2024, to to protest the rising value of residing appears contradictory and inconsistent.
He asserted that the NLC's proposed public protest isn’t a contempt of the 2 ex parte orders of the Nationwide Industrial Court docket.
In a letter dated February 24, 2024, addressed to the Minister of Justice and Lawyer Common of the Federation, Lateef Fagbemi (SAN), Falana careworn that the problem of contempt doesn’t come up as a result of the NLC had the jurisdiction of the Nationwide Industrial Council disputed. Court docket to listen to the substantive case.
The letter learn partially: “Though the events signed a sixteen-point memorandum of understanding, the federal authorities didn’t implement all phrases of the settlement. Due to this fact, on August 2, 2023, each NLC and TUC held a peaceable protest throughout the nation.
“Relatively than implement the settlement, the Federal Authorities initiated contempt proceedings in opposition to the NLC and TUC within the Nationwide Industrial Court docket. We’ve got challenged the jurisdiction of the contempt proceedings. Nevertheless, the federal authorities reversed itself and withdrew the contempt petition.
“On November 10, 2023, the Federal Authorities filed one other lawsuit, No. NICN/ABJ/322/2023, between the Federal Authorities of Nigeria and Anor. within the Nationwide Industrial Court docket in opposition to the NLC and TUC, regardless of the pendency of Swimsuit No. NICN/ABJ/158/2023.
“On the identical day, the President of the Nationwide Industrial Tribunal, the Honorable Justice Benedict Kanyip, issued an ex parte injunction restraining the NLC and TUC from finishing up the deliberate strike. His Lordship, nonetheless, directed that the file be transferred to Justice Olufunke Yemi Anuwe who’s listening to an analogous industrial dispute between the identical events.
“Each NLC and TUC have challenged the jurisdiction of the retrial on the grounds that, amongst different issues, it constitutes a gross abuse of judicial course of. The applying has not been heard and assessed by the Nationwide Industrial Court docket.
“Having withdrawn the contempt proceedings introduced in opposition to the NLC and TUC for embarking on public protest on August 2, 2023, you shouldn’t have threatened the NLC with contempt of courtroom over its plan to carry rallies from February 27 to twenty-eight, 2024 in opposition to the astronomical value of residing within the nation.
“We submit, with none concern of contradiction, that the proposed public protest by the NLC isn’t in contempt of the 2 ex parte orders of the Nationwide Industrial Court docket. Particularly, the problem of contempt doesn’t come up as a result of the NLC has challenged the jurisdiction of the Nationwide Industrial Court docket to listen to the substantive matter. ”
Falana additionally claimed that the Industrial Court docket has by no means banned the TUC and NLC from exercising their elementary rights to freedom of expression to protest the hardships within the nation.
Moreover, he mentioned the apex courtroom ruling within the case between the Inspector Common of Police and All Nigeria Peoples affirmed the basic proper of Nigerians to protest on issues of public curiosity with out police allow.
Falana mentioned: “It’s additional submitted that the Nationwide Industrial Tribunal has not restrained the members of the NLC from exercising their elementary rights to freedom of meeting and freedom of expression to protest the insufferable financial ache skilled by the lots.
“Within the case of Inspector-Common of Police v All Nigeria Peoples Get together (2008) 12 WRN 65, the Court docket of Attraction upheld the basic proper of Nigerians to protest on issues of public curiosity with out a police allow. In a very powerful judgment of the Court docket, Olufunmilayo Adekeye JCA (as she then was).”
Noting that he had suggested the NLC to proceed with the proposed protest in a peaceable method, Falana urged the AGF to make sure that the IGP offers enough safety to the protesters.
“Whereas we’ve suggested the members of the NLC to carry the rallies scheduled for February 27-28, 2024 in a peaceable method, we urge you to make use of your good workplaces to tell the Inspector Common of Police to offer the conveners with enough safety. and contributors within the protest in accordance with the provisions of part 83(4) of the Police Institution Act. ”
Falana famous that the NLC and TUC have been adhering to the June 2023 order banning them from taking part in industrial motion, including that they’d filed an utility difficult the courtroom's jurisdiction and sought a keep of execution pending decision of the request.
He mentioned: “It will be recalled that following the abolition of gasoline subsidies by President Bola Ahmed Tinubu on Might 29, 2023, the Federal Authorities entered into negotiations with the NLC and the TUC because the subsidy removing coverage had introduced untold hardship to Nigerians .
“Whereas negotiations have been ongoing, the Federal Ministry of Justice rushed to the Nationwide Industrial Court docket to file Case No. NICN/ABJ/158/2023 between the Federal Authorities of Nigeria and Anor. in opposition to Nigeria Labor Congress & Anor on the identical points. On June 5, 2023, the Honorable Justice Yemi Anuwe granted the Federal Authorities's utility for an ex parte injunction restraining the NLC and TUC from embarking on a strike in opposition to the abolition of gasoline subsidy.
“Though each the NLC and the TUC complied with the ex parte order, they instantly utilized to put aside this order for lack of jurisdiction. In addition they requested a keep of execution of the ex parte order pending the choice on the appliance. The request to put aside the ex parte order filed by the defendants and the request for interim reduction filed by the plaintiffs haven’t been thought-about as events having determined to settle the case out of courtroom.”
The PUNCH studies that Falana's letter was in response to the letter earlier written by the AGF urging him to influence the NLC and TUC to droop the proposed nationwide protest.
Fagbemi had famous in his letter that taking out the protest would quantity to contempt as there was a courtroom order restraining organized labor from taking any industrial motion.
The NLC had deliberate a nationwide protest on February 16, 2024 on February 27 and 28, 2024, in response to the financial challenges dealing with the nation.
This resolution got here after the fourteen-day ultimatum to the federal authorities relating to the widespread hardship had expired.
