In a significant development, the National Industrial Court, on Friday, has barred the Nigeria Labour Congress (NLC), Trade Union Congress (TUC), and their affiliates from initiating any form of strike or industrial action. This legal injunction specifically halts the planned nationwide strike scheduled to commence on November 14.
The President of the Court, Justice Benedict Bakwaph Kanyip, issued the restraining order based on an ex-parte application brought before the Court by the Federal Government of Nigeria and the Attorney General of the Federation (AGF) and Minister of Justice.
Justice Kanyip invoked sections 17 and 19 of the National Industrial Court Act to enforce the restraining order against the organized labour.
In their ex-parte application, the Federal Government and the AGF, represented by lawyer Tijani Gazali, a Senior Advocate of Nigeria (SAN) and Director of Civil Appeals in the Federal Ministry of Justice, urged the court to halt the planned strike. They argued that doing so would prevent untold hardships on law-abiding citizens and businesses.
Gazali, during the application, pointed out the hardships suffered by Nigerians when the labour unions blocked entrances to the main airports on Thursday alone. He emphasized the potential for a breach of peace in the country if the planned strike were to proceed.
Justice Kanyip, convinced by the government’s arguments, asserted the court’s authority to intervene through a restraining order to maintain peace and tranquility. He granted all the requests outlined in the government’s motion paper.
Additionally, Justice Kanyip directed that the restraining order be visibly posted on the wall of the building at the last known address of the two defendants to ensure their awareness of the court’s position. The Judge also mandated the order, along with the originating and other processes, to be served through publication in two major national dailies.
The case file has been transferred to Justice Olufunke Anuwe, who is reportedly handling similar labor dispute-related matters.