For the second time in five months, the National Industrial Court has stopped organised labour from proceeding on a nationwide industrial action.
The President of the Court, Justice Benedict Kanyip, held yesterday that the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC), as well as their affiliates at the moment, cannot embark on any form of strike or industrial action scheduled to commence next week, November 14, 2023.
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Kanyip stated this while delivering a ruling in an ex parte application brought by the Federal Government of Nigeria, the Attorney General of the Federation (AGF), and the Minister of Justice.
Recall that the same court had on June 5, issued a similar order stopping the organised labour from proceeding on strike over organized removal of subsidy on Premium Motor Spirit (PMS) also known as fuel or petrol.
However, five months after, following a similar request, Justice kanyip yesterday invoked Sections 17 and 19 of the National Industrial Court Act to stop the workers union from leading their members to down tools against the government nationwide.
The federal government and the AGF through their lawyer, Tijani Gazali, SAN had in the ex parte application prayed the court to stop the planned strike action so as to stop untold hardships that would be inflicted on innocent law abiding citizens and their businesses.
Gazali, who is the Director of Civil Appeals in the Federal Ministry of Justice, told the court that if allowed the industrial action will bring series of hardships upon Nigerians.
He cited Thursday’s protest by labour which caused many air passengers to miss their flights when they blocked entrances to the main airports in the country.
Gazali submitted that unless the planned strike action is stopped, there may be a likelihood of a breach of peace and tranquility in the country.
The judge, persuaded by the government arguments in a short ruling, said that it is within the power of the court to intervene by way of issuing a restraining order to ensure peace and tranquility.
He proceeded to grant all the requests of the federal government as contained in the motion paper.
Besides, Justice Kanyip directed that the restraining order be pasted on the wall of the Labour House being the last known address of the two defendants to draw their attention to the court’s position.
The judge also directed that the order along with the originating and other processes be served on the defendants by publication in two major national dailies.
Meanwhile, the case file has been transferred to Justice Olufunke Anuwe who was said to be handling similar labour dispute related matters between the two same parties.
According to Kanyip, Justice Anuwe, would issue a hearing notice to the parties at the appropriate time.
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