Court Bars NLC And TUC From Embarking On Nationwide Strike

The National Industrial Court (NIC) has taken action to prevent the Nigeria Labour Congress (NLC), Trade Union Congress (TUC), and their affiliates from initiating any form of strike or industrial action set to begin on November 14, 2023.

Justice Benedict Bakwaph Kanyip, the President of the Court, issued a restraining order in response to an ex-parte application made by the Federal Government of Nigeria and the Attorney General of the Federation (AGF) and Minister of Justice.

This legal move, invoking sections 17 and 19 of the National Industrial Court Act, restrained the organized labour unions from commencing the proposed strike. The government’s application, presented by their counsel, Tijani Gazali, a Senior Advocate of Nigeria (SAN) and Director of Civil Appeals in the Federal Ministry of Justice, highlighted the potential hardships on law-abiding citizens and businesses if the strike were to proceed. Gazali underscored recent disruptions at the country’s main airports caused by the unions, emphasizing the risk of a breach of peace if the planned strike continued.

The judge, persuaded by the government’s arguments, acknowledged the court’s authority to intervene through a restraining order to maintain peace and stability. Consequently, all the government’s requests as presented in the motion paper were granted. Additionally, the order was to be conspicuously displayed at the last known addresses of the defendants, ensuring their awareness of the court’s decision. Publication of the order and associated legal documents in two major national dailies was also directed by the judge.

Furthermore, the case file has been passed to Justice Olufunke Anuwe, who handles similar labor-related disputes, for further handling and proceedings.

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