The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, has criticized the notice of industrial action issued by the Organised Labour for June 3, 2024.
In a letter dated June 1, 2024, the AGF described the strike notice from the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) as “premature, ineffectual, and illegal.”
The AGF addressed the letter to NLC President Joe Ajaero and TUC President Festus Osifo.
The labour unions argued that the current minimum wage of ₦30,000 is insufficient to meet the needs of the average Nigerian worker. They lamented that not all governors are paying the current wage, which expired in April 2024, five years after the Minimum Wage Act of 2019 was signed by former President Muhammadu Buhari. The Act mandates a review every five years to align with contemporary economic demands of workers.
Labour had earlier issued a May 31 deadline to the Federal Government for setting a new minimum wage. On that day, the workers’ organizations declared a nationwide strike starting Monday, June 3, 2024, due to the government’s inability to agree on a new minimum wage and the reversal of the electricity tariff hike.
During unsuccessful negotiations with the government, Labour rejected three offers, the latest being ₦60,000. Both the TUC and the NLC subsequently pulled out of negotiations, insisting on ₦497,000 as the new minimum wage.
However, the AGF urged Labour to return to the negotiation table, stating that dialogue is a more progressive approach than industrial action.
Fagbemi highlighted Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which require the NLC and the TUC to issue mandatory strike notices of at least 15 days.
The AGF also recalled an interrim injunctive order granted on June 5, 2023 by an Abuja court which restrained the NLC and the TUC from embarking on any industrial action. “This order has neither been stayed or set-aside, therefore it remains binding on the labour unions,” he said.
“Consequent on the foregoing, the call to industrial action is premature, imeffectual and illegal. The proposed strike action is also at variance with the order of the National Industrial Court and the ongoing mediatory settlement efforts over the issues connected with the subject matter of the order.