A national industrial court sitting in Abuja has issued an order restraining the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) from proceeding with a protest scheduled for Tuesday, February 3.
The ruling was delivered on Monday by Emmanuel Subilim, the presiding judge, following an ex parte motion filed by Nyesom Wike, minister of the Federal Capital Territory (FCT), alongside the Federal Capital Territory Authority (FCTA).
Those listed as defendants include the NLC, TUC, Benson Upah, spokesperson of NLC, Nuhu Toro, general secretary of NLC, Stephen Knabayi, Kayode Egbetokun, inspector-general of police (IGP), the FCT commissioner of police, the Department of States Services (DSS), and the Nigeria Security and Civil Defence Corps (NSCDC).
Wike, through the application, asked the court to restrain the first to fifth defendants from staging any protest or strike action 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 stated.
It further argued 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.”
The filing warned that failure of the court to intervene could result in widespread disruption, stating that the planned action would “cripple 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.”
It added that restraining the defendants was necessary “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 proposed protest was in violation of an earlier court order.
On Sunday, the NLC and TUC had issued a statement urging 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, workers of the FCTA commenced an indefinite strike over what they described as the authorities’ failure to address long-standing labour and welfare concerns.
The industrial action paralysed activities across FCTA and FCDA secretariats, departments and agencies, prompting the minister to take legal action against the JUAC.
On January 27, the national industrial court ordered the striking workers to suspend the action. In the ruling, the judge held that while the dispute qualified as a trade matter, the right to industrial action was not absolute once a case had been brought before the court.
The same day, the office of the head of civil service in the FCTA directed all workers to return to duty immediately.
However, the NLC subsequently asked its members to continue with the strike.