The Minister of Justice and Attorney General of the Federation, Lateef Fagbemi, has enjoined labour unions to shelve proposed nationwide protests, citing that embarking on protests amount to running foul of existing restraining order.
Fagbemi in a letter to the Nigeria Labour Congress (NLC) counsel, Messrs. Falana & Falana’s Chambers, reminded the labour unions: Nigeria Labour Congress (NLC) and Trade Union Congress (TUC), that the federal government is already implementing 16-point agreement reached with the unions on October 02, 2023.
OPTIMUM TIMES recalls that NLC had on 16th Feb, 2024 declared two-day national protests with effect from 27th -28th February, 2024 to drive home the feelings of workers over the prevailing hardship, arguing that the federal government has reneged in implementing agreed palliative measures to alleviate the plights of the masses.
According to the Justice Minister, “It is not in doubt that the planned protest is designed to compel government to accede to the demands of organized labour, therefore, such action qualifies as an industrial action which comes within the ambit of the restraining order. This restraining order has neither been stayed nor set- aside, and therefore remains binding.
“I wish to note that government has substantially and reasonably complied with the items in the MOU and it is only appropriate and equitable for organized labour to engage more with government to ensure the full implementation of same, especially in areas that have been inhibited by unforeseen challenges.
“May I therefore request that you kindly implore and enjoin your clients to refrain from self-help by shelving the proposed protests which is antithetical to the mediatory engagements leading to the execution of the MOU, tantamount to undermining subsisting restraining court order, and occasioning disruption of public service, order and safety.
The full text of the letter reads:
ATTORNEY-GENERAL OF THE FEDERATION AND MINISTER OF JUSTICE
P.M.B. 192 Garki
E-mail: info@justice.gov.ng
www.justice.gov.ng
Tel: 0805 088 8806
MJ/CIV/ABJ/316/23
Federal Ministry of Justice Plot 71B, Shehu Shagari Way Maitama, Abuja FCT Nigeria
Date: 23 2024
Messrs. Falana & Falana’s Chambers, 22 Mediterranean Street, Imani Estate, Maitama, Abuja.
RE: MEMORANDUM OF UNDERSTANDING REACHED BETWEEN THE FEDERAL GOVERNMENT OF NIGERIA AND THE NIGERIA LABOUR CONGRESS (NLC) AND TRADE UNION CONGRESS (TUC) AS A RESULT OF DISPUTE ARISING FROM WITHDRAWAL OF SUBISDY ON THE PRICE OF PREMIUM MOTOR SPIRIT (PMS) ON MONDAY, THE 2ND DAY OF OCTOBER, 2023
I wish to draw your esteemed attention to the Joint Press Release dated 8th February 2024, containing a 14-day ultimatum, jointly issued by the President of the Nigerian Labour Congress (“NLC”) and President of the Trade Union Congress (“TUC”) as well as the notice of a 2-day national protest issued by the NLC President on 16th February 2024.
2. A cursory perusal of the above press release clearly shows that the planned protest is premised on or connected with alleged non- implementation of the 16-point agreement reached with the Federal Government on October 02, 2023, consequences of the hike in the price of PMS, and other associated issues. It is therefore safe to assert again that the proposed cause of action by NLC is targeted at achieving objectives or promoting issues connected with hike in fuel price and consequential matters of palliatives, workers welfare, and associated government policies.
3. You may wish to note that the foregoing issues or objectives are at the core of the pending case before the National Industrial Court. Upon the submission of grievances to the court, parties in the suit cannot resort to public protests over the same issues, as such conduct amounts to gross contempt and affront to the institution of our courts of law. Therefore, the proposed nationwide protest action in all ramifications is in clear violation of the pending interim injunctive order granted in SUIT NO: NICN/ABJ/158/2023-FEDERAL GOVERNMENT OF NIGERIA & ANOR V. NIGERIAN LABOUR CONGRESS & ANOR on 5th June 2023 restraining both NLC and TUC from embarking on any industrial action or strike of any nature.
4. It is not in doubt that the planned protest is designed to compel government to accede to the demands of organized labour, therefore, such action qualifies as an industrial action which comes within the ambit of the restraining order. This restraining order has neither been stayed nor set- aside, and therefore remains binding.
5 I wish to note that government has substantially and reasonably complied with the items in the MOU and it is only appropriate and equitable for organized labour to engage more with government to ensure the full implementation of same, especially in areas that have been inhibited by unforeseen challenges.
6. May I therefore request that you kindly implore and enjoin your clients to refrain from self-help by shelving the proposed protests which is antithetical to the mediatory engagements leading to the execution of the MOU, tantamount to undermining subsisting restraining court order, and occasioning disruption of public service, order and safety.
7. Please accept the assurance of my esteemed regards
23/02/24
LATEEF O. FAGBEMI, SAN
Honourable Attorney-General of the Federation and Minister of Justice
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