Mixed reactions trailed the nationwide protests organised by the Nigeria Labour Congress (NLC). In this report, KEHINDE OSASONA asks if the Union’s action was justified.
Against the backdrop of strike/protests that rocked some state capitals during the week, a human resources management expert has faulted the move, describing it as “unfortunate.”
It would be recalled that after boasting about its resolve to carry out the protest last week, the union made good its promise when labour unions under the aegis of NLC and TUC took to streets to protest against withdrawal of fuel subsidy payments by the new administration of President Bola Ahmed Tinubu.
The president of the NLC, Joe Ajero, had argued that the federal government had failed to meet its agreement on how fuel subsidy removal should be done.
Recalling the labour union’s agreement with former President Muhammadu Buhari’s regime, Ajero was quoted to have said: “The government had agreed to revive its comatose public transportation system by providing buses for the masses of Nigeria.”
FG’s warning
Meanwhile, the federal government had warned the Nigeria Labour Congress (NLC) not to undermine court orders, urging it to shelve its planned nationwide strike.
In a statement it issued through the Federal Ministry of Justice, the government said it had earlier secured an order from the National Industrial Court in Abuja in suit No NICN/ABJ/158/2023 which restrained the labour union from embarking on any strike action over issues bordering on “removal of fuel subsidy, hike in prices of petrol and consequential increase in cost of living,” pending the determination of the suit.
In addition to the warnings, the government, according to the statement by the permanent secretary, Federal Ministry of Justice, Mrs. B. E. Jedy-Agba, also urged the NLC to withdraw the seven-day notice it issued on its planned nationwide industrial action from August 2, if demands of the labour unions were not met.
It read in part: “It is pertinent to alert members of the NLC and the general public to the pendency of FGN vs Labour before the National Industrial Court, wherein His Lordship, Anuwe,”
“It is pertinent to alert members of the NLC and the general public to the pendency of Suit no: NICN/ABJ/158/2023 –FGN vs Labour before the National Industrial Court, wherein His Lordship, Anuwe, J., on 5th June 2023 granted an injunctive order restraining Nigeria Labour Congress and Trade Union Congress from embarking on the planned industrial action/or strike of any nature, pending the hearing and determination of the pending Motion on Notice, which is also praying for an order of interlocutory injunction for parties to maintain status quo pending the determination of the dispute or issues submitted to the court.
“We note with dismay that this latest strike notice is consistent with the inexplicable disdain which the NLC leadership has visited on the authority of the court in recent times following earlier inciting and derogatory remarks made by the NLC President against the court.
“Indeed, the avowed penchant of the leadership of the union for casting aspersions on the judiciary is quite worrisome and concerning.”
Experts’ take
While also reprimanding labour over the development, a human resource management consultant, Alhaji Ibrahim Abdullahi, slammed Labour, saying they had taken a wrong approach to addressing the issue.
Abdullahi, a former director in Kwara state Public Service and a Fellow of Chartered Institute of Personnel Management of Nigeria (CIPM), noted further that as patriotic Nigerians “we must all solidarise in fighting corruption that have characterised the economic sphere.”
According to him, the withdrawal of subsidy payments as taken by the Tinubu administration was the best for the country.
He said: “Rather than going on streets in protest, the Labour Party is supposed to be partners in progress with the Federal Government to fish-out the ‘cabals and cartels’ that have held Nigerians into ransom on its hard-earned economic benefits.
“Protesting over withdrawal of subsidy payments gives a negative impression about the Labour that probably the cabals benefitting from the subsidy are the ones sponsoring them against the government.”
The protest
However, against all entreaties, the NLC embarked on protests across the states of the federation and it reportedly paralysed businesses and commercial activities in the many of the states.
Blueprint Weekend gathered that a dummy was allegedly sold to the government so that it could have a re-think over its planned nationwide strike, only to still mobilise for it.
Indications emerged that the Chief of Staff to the President, Femi Gbajabiamila, after being assured had described Organised Labour as “a listening organisation” that would not go ahead with its planned protests after listening to President Bola Tinubu’s national broadcast.
“We indeed appealed to Labour to call off their protests for tomorrow. We’ve found listening ears here and they all accepted that Mr. President’s broadcast was a welcome development and that they’ll go back home to talk to the other leaders.
“So, we’re hopeful that they will do the right thing and not protest tomorrow,” he said.
Similarly, the National Assembly, this reporter gathered, made a passionate appeal to Organised Labour to reconsider the decision to embark on strike.
The chairman of the House of Representatives Committee on Labour, Employment and Productivity, Adegboyega Adefarati, made the appeal during a chat with newsmen in Akure, the Ondo state capital.
“Workers should look into the option of negotiation and dialogue rather than protest. A stable industrial and harmonious relationship is sine qua non to development,” he said.
In Kano, the NLC protest march began at the Murtala Mohammed Library, Ahmadu Bello Way, and terminated at the Government House, where the Secretary to the State Government, Dr. Baffa Bichi, received the protesters.
The protesters displayed placards, some of which read: “Government should not listen to IMF and World Bank demands,” “No to increment in University fees,” Minimum wage should be N200, 000, ″ Government must restore fuel subsidy,” among others.
Justification
“The planned strike is lawful and is never contempt of the court” was how Femi Falana, a human right lawyer, put it while lending his support.
Falana, in a letter from the Falana Falana Chambers, solicitors to the NLC, by Sam Ogala, titled “Re- NLC in contempt of Court” and addressed to the permanent secretary/solicitor-general, Federal Ministry of Justice on July 28. According to Falana, the exercise does not translate to contempt of court” he said.
He noted further that the decision of the workers to participate in peaceful rallies “is for the interest of the masses and 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,” he said.
Falana added that the National Industrial Court or any other court had not granted an order of interim, interlocutory or perpetual injunction restraining the workers from participating in peaceful rallies convened by the NLC.
He argued that it was the constitutional right of Nigerian workers to protest peacefully and cannot by any stretch of imagination be classified as an industrial action or strike of any nature.
“It is pertinent to draw your attention to the case of Inspector- General of Police versus Nigeria People Party (2008) of where the Court 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.
“This includes the right to demonstrate, and the right to protest on matters of public concern is 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 will occur, our criminal code has made adequate provisions for sanctions against breakdown of law and order.”
