The National Industrial Court has upheld an order restraining the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) from proceeding with their planned nationwide strike. The court ruled that the order, initially granted on June 5, 2023, would remain in effect until the motion on notice is heard and determined.
Justice Olufunke Anuwe, presiding over the case, declared the continuation of the restraining order. During the proceedings, Ochum Emmanuel, the counsel representing the Federal Government, informed the court that the claimant had scheduled their motion on notice for an interlocutory injunction against the defendants to prevent the strike. Emmanuel stated his readiness to proceed, as the defendants had been properly served.
However, Marshall Abubakar, the defendants' counsel, countered by informing the court that they had filed an application to set aside the order granted on June 5, which had restrained his clients from embarking on the strike. Abubakar further explained that despite being served with their application on June 8, the claimant had served them with a counter-affidavit in court on Monday, June 19.
When asked about the proper service, Abubakar admitted uncertainty but assured the court that he would confirm and take appropriate action. He also requested a short adjournment to review the counter-affidavit and prepare a response.
Emmanuel objected to the adjournment application, arguing that the federal government had never filed a process while instructing the bailiff not to serve the other party. He claimed that the delay in filing the processes on June 16 may have led to the bailiff serving the defense counsel in court on Monday. Emmanuel further pointed out that the defendants had not filed their memorandum of appearance, which meant they were improperly before the court and unable to seek an adjournment.
In response, Abubakar contended that Emmanuel's application was unnecessary since the court had already ordered both parties to maintain the status quo until the substantive suit was heard. He also informed the court that the parties were meeting later on Monday to attempt a resolution.
The court granted the adjournment, directing the defendants to file their memorandum of appearance and ordering both parties to maintain the status quo.
This development arises from the defendants' plan to commence a nationwide strike on June 7 in protest of the removal of fuel subsidy, resulting in an increase in the pump price of Premium Motor Spirit (petrol).