New twist as FG declares labour's proposed strike 'premature and illegal'

The Minister of Justice and the Attorney General of the Federation (AGF), Prince Lateef Fagbemi SAN, has rebuked organised labour for calling for industrial action over the new national minimum wage debacle.

The AGF's remarks come in reaction to the announcement by the leadership of the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) on Friday, May 31, 2024, declaring an indefinite nationwide strike action from Monday.

The labour unions cited the Federal Government's refusal to increase its proposed ₦60,000 as the new national minimum wage as the reason for the action.

However, Fagbemi in a letter dated June 1 addressed to the leadership of the TUC and NLC, described the unions' declaration as “premature, ineffectual, and illegal.”

Pointing out the premature nature of the strike, the AGF noted that negotiations between the Federal Government and other stakeholders on determining a new national minimum wage had yet to reach a conclusive end.

He emphasised the importance of factoring in the interests and capacities of employers, including those in the private sector, in setting a minimum wage that benefits the working population.

Fagbemi referenced Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which mandate both NLC and TUC to issue mandatory strike notices of at least 15 days, concluding that failure of the labour unions to comply with these provisions renders their strike action illegitimate.

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He further argued that the labour unions had not initiated trade disputes with their employers or issued strike notices as required by law.

“I wish to further draw your attention to the fact that the conditions outlined by our national legislation for exercising the right to strike are in tandem with the International Labour Organization principles concerning the right to strike.

“It is the position of the ILO Committee on Freedom of Association that the obligation to give prior notice, obligation to have recourse to conciliation, mediation and (voluntary) arbitration procedures in industrial disputes, etc are prior prerequisites for declaring a strike," he said.

FG begs labour to be considerate

Earlier, the Minister of State for Labour, Nkeiruka Onyejeocha, had appealed to organised labour to be considerate and patriotic in their demands in the ongoing negotiation for a new national minimum wage.

The workers have insisted on ₦500,000 as the acceptable new minimum wage after the ₦615,000 initially proposed but the government and organised private sector agreed to pay only ₦60,000.

Negotiations between the government and labour had been on edge in the last couple of months as both parties struggled to find a middle ground.

Labour had issued an ultimatum of May 31 for the Federal Government to accede to its demand hence the proposed indefinite strike scheduled to begin on Monday.