FG Counters Falana, Says August 2nd Planned Industrial Action Is Illegal

Federal Government has reiterated that the proposed August 2nd industrial action by the Nigeria Labour Congress is illegal.

Recall that in a letter dated July 28, 2023, Sam Ogala of Falana’s Chamber, stated that the right to peaceful protest has not been removed from the constitution.

However, the Federal Government in a letter on Monday, by the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Beatrice Jedy-Agba, and addressed to Falana Chambers on Monday, noted that there is a subsisting interim order restraining NLC from embarking on any industrial action.

The letter reads in part, “We reiterate that the interim order clearly restrained NLC from embarking on industrial action of any nature. It is common knowledge that a strike is only a form of industrial action. NLC has expressed intention to embark on 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. We assert that it is grossly inappropriate to lead the public protest in respect of issues relating to or connected with the fuel price increase, which is currently before the court!”

Continuing, She called on Falana to educate the NLC that peaceful protests are no justification for shutting down essential services.

 “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, and precipitating a further crisis.”

“It is incumbent on your law firm to sensitise the labour unions that peaceful protests are no justification for disrupting or shutting down essential services, which is tantamount to strike action. Based on the foregoing, you may wish to advise your clients accordingly,” the statement added.