On Monday, June 5, 2023, the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) were restrained by the National Industrial Court in Abuja from proceeding with their planned strike to protest the unilateral removal of fuel subsidy by the Federal Government. The decision followed an ex-parte application that the Federal Government filed through the Federal Ministry of Justice.
The court granted an interim order that should be immediately served on both the NLC and the TUC, who were cited as defendants/respondents in the suit marked: NICN/ABJ/158/2023. The court also fixed the matter for hearing on June 19. According to the court, the interim order, as well as the substantive suit, should be served on both the NLC and the TUC, pending the determination of the case brought before it by the FG.
The court held that it was empowered by section 7(b) of the NIC Act, 2006, with the exclusive jurisdiction in matters relating to the grant of any order to restrain any person or body from taking part in any strike, lockout, or any industrial action. It held that sections 16 and 19(a) of the NIC Act 2006, also empowered it to grant urgent interim reliefs.
The FG’s lawyer, Mrs. Maimuna Lami Shiru, who moved the application, argued that the proposed strike action was capable of disrupting economic activities, the health sector, and the educational sector. She further tendered Exhibits FGN 1, 2, and 3, which were notices from the NLC, TUC, and the Nigerian Union of Journalists, NUJ, to their members, asking them to withdraw their services with effect from Wednesday, June 7.
The court held that the affidavit of urgency, as well as the submission of FG’s lawyer, revealed “a scenario that may gravely affect the larger society and the well-being of the nation at large.” The judge stated that students of secondary schools nationwide, especially those writing WAEC exams nationwide, would be affected, the tertiary institutions that had only just resumed after a long ASUU strike would also be affected, not leaving the health sector, amongst other sectors, and above all, the economy of the nation.
In conclusion, the court restrained the defendants/respondents from embarking on the planned Industrial Action or strike of any nature, pending the hearing and determination of the motion on notice dated 5th June 2023. The defendants/respondents were immediately served with the originating processes in the suit, the motion on notice, and the order of the court.
