The federal government has insisted that the planned strike
by the Nigeria Labour Congress (NLC) against the removal of the petrol subsidy
and the high cost of living in the country is a violation of an existing court
order.
On Wednesday, NLC issued a seven-day ultimatum to the
federal government to reverse all “anti-poor” and “insensitive” policies.
The policies, the union said, include the recent hike in the
price of petrol, and the sudden increase in public school fees, among others.
However, the federal government said the union is restrained
by an order of the national industrial court from embarking on any strike
regarding the removal of petrol subsidy.
Commenting on the issue, Femi Falana, a human writes lawyer,
said the strike action does not translate into contempt of court.
In a letter addressed to Beatrice Jedy-Agba,
solicitor-general of the federation, Falana said the court or any other organ
had not granted an order of interim, interlocutory or perpetual injunction
restraining Nigerian workers from participating in peaceful rallies convened by
the NLC.
He argued that it is the constitutional right of workers to
protest peacefully.
However, in another letter on Monday, the solicitor-general
asked Falana to advise the union to shelve the planned strike.
She said the subject matter which is the major cause of the
strike is subjudice.
Jedy-Agba also stated that from the communique issued by the
NLC, the planned strike goes beyond a peaceful protest as it intends to “ground
the government by endangering public peace, instilling fear in the masses”.
“We assert that it is grossly inappropriate to lead a public
protest in respect of issues relating to or connected with the fuel price
increase, which are currently before the court,” she said.
“From the communique,
it is apparent that the current move by NLC goes beyond peaceful protest by
issuing a seven-day ultimatum for government to meet its demands and also
embark on a nationwide action to compel the government to reverse alleged
anti-worker policies.
“Furthermore, uncontroverted media reports have established
that NLC is not planning a peaceful protest but intends to ground the
government by endangering public peace, instilling fear in the masses,
precipitating a further crisis.”
Jedy-Agba also cited statements by the Nigerian Union of
Petroleum and Natural Gas Workers (NUPENG) and the National Union of
Electricity Employees (NUEE) in which they indicated interest to join the
strike action.
“We reiterate that the interim order clearly restrained NLC
from embarking on industrial action of any nature,” the solicitor-general
stated.
“It is common knowledge that a strike is only a form of
industrial action. NLC has expressed the intention to embark on a nationwide
action to force the government (employer) to agree to its demands.
“Furthermore, the participation of workers in the protest
will result in restriction or limitation on or a delay in the performance of
work.
“The foregoing,
inclusive of the purported peaceful protest (in view of its intended aims or
purposes), undoubtedly amounts to industrial action. It is incumbent on your
law firm to sensitize the labour unions that peaceful protests are no
justification for disrupting or shutting down essential services, which is
tantamount to strike action.”
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