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Human Rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has given the Nigerian Labour Congress (NLC) and its affiliates the all-clear to proceed with the planned strike and protest slated to begin on Wednesday, August 2, 2023.
The respected lawyer who also doubles as the legal counsel to the organised labour, said no court in the land has issued a perpetual injunction prohibiting any Nigerian worker from participating in the peaceful rallies proposed by the NLC.
This followed the claim made by the Permanent Secretary of the Federal Ministry of Justice and the Solicitor-General of the Federation, Beatrice Jedy-Agba, that the organised labour stood the risk of contempt of court if it followed through on its planned action.
Jedy-Agba warned that the labour movement would be disobeying an ex parte order of the National Industrial Court restraining it from going on strike.
But countering the claim, Falana in a clarification letter to the Permanent Secretary, punctured her argument, insisting that embarking on nationwide strike and protest would not put the organised labour in contempt of court.
In the letter, dated July 28, 2023, and signed by Barr. Sam Ogala of Falana’s Chamber, Falana stressed that the right of Nigerians to assemble for peaceful protests has not been expunged from the constitution.
The letter read, “In your reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country you were reported to have accused the leaders of the Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.
“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court to the effect that “The defendants/Respondents are hereby restrained 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.
“You will agree us that the National Industrial Court or any other Court has not granted an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.
“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an Industrial action or strike of any nature, you ought not have threatened our client with contempt of court.
“It is pertinent to draw your attention to the case of INSPECTOR-GENERAL OF POLICE vs ALL NIGERIA PEOPLES PARTY (2008) 12 WRN 65 where the Court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgment of the Court, Justice Adekeye said as follows:
“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.
“If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.
“Finally, freedom of speech and freedom of assembly are part of democratic rights of every citizen of the republic; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”
The NLC has refused to back down from its planned strike and protest against the fuel hike occasioned by subsidy removal despite appeals by the Tinubu government.
Labour is unimpressed by the government's seeming lackadaisical approach to the implementation of palliative recommendations agreed by both parties.
On Friday, July 28, 2023, labour leaders walked out of a meeting with the representatives of the federal government over claims that the government was using negotiations with organised labour as a pretext to deceive Nigerians.