The Nigerian Labour Congress and the Trade Union Congress have urged the National Industrial Court sitting in Abuja to set aside its interim order restraining workers from embarking on strike action until the determination of the motion on notice filed by the federal government and the Office of the Attorney-General of the Federation.

THE WHISTLER reported that Justice O. Y. Anuwe had on Monday directed Nigerian workers not to proceed on strike following the removal of petroleum subsidy by the Federal Government.

President Bola Tinubu’s recent declaration that subsidy “is gone forever” had resulted sharp hike in fuel prices as well as instant increase transportation fare across the country.

But the AGF posited that the proposed strike was capable of disrupting economic activities, the health sector and the educational sector.

In a motion on notice filed by Femi Falana SAN and made available to THE WHISTLER on Friday, the NLC, however, urged the court to vacate the interim order in the interest of justice for the Nigerian workers.

The orders sought by the NLC are as follows,” An order of this Honourable Court setting aside, discharging and/or vacating the ex parte interim order of injunction restraining the Defendants/Respondents, their members, their agents, employees, workmen, servants, proxies or affiliates from embarking on the planned Industrial Action and/or strike of any nature pending the hearing and determination of the Claimants/Applicants motion on notice for interlocutory injunction made on the 5th June, 2023, Coram: Hon. Justice O.Y. Anuwe in Suit No: NICN/ABJ/158/2023 between federal government of Nigeria & anor. Vs Nigerian labour congress and anor.

“AND for such order or other orders as this Honourable Court may deem fit and proper to make in the circumstances.”

Listing the grounds of his application, Falana argued that the court lacked the jurisdictional competence to hear and determine the case because it was filed in violation of Section 17 {2} of the Trade Disputes Act, which authorises the Minister of Labour and Employment to refer a trade dispute directly to the National Industrial Court, not the federal government or AGF.

Falana further contended that industrial action or protest is the constitutional right of every Nigerian citizen.

“The Defendants/Applicants and their members have a right to strike under the Trade Unions Act, the Trade Disputes Act, the ILO Convention and under several international treaties the 1st Claimant/Applicant is a signatory to.

“By virtue of Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, Nigerian workers have the fundamental right to protest against policies of government considered inimical to their interests as reiterated in the cases of IGP VS ANPP {2008} 12 WRN 65, MUSA VS INEC” he stated in his preliminary objection.

He accused the federal government of filing the suit to harass, irritate and embarrass the Nigerian Labour Congress and by extension the Nigerian workers.