NLC’s Planned Protest, Contempt Of Court – AGF

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has made a direct appeal to the Nigeria Labour Congress (NLC) to reconsider its decision to proceed with a proposed nationwide protest slated for February 27 and 28.

The protest, announced on February 16, is aimed at drawing attention to the economic difficulties currently facing the nation and was the result of a 14-day ultimatum given to the Federal Government to address the pervasive hardship.

In a move to avert the planned industrial action, Lateef Fagbemi, in a letter dated February 23, 2024, addressed to Femi Falana (SAN), counsel for the NLC, underscored the existence of a legal order that prohibits the union from engaging in any form of protest or strike.

The Attorney General’s communication seeks to remind the NLC of the legal implications associated with defying such an order and urges the labor union to stand down in the interest of maintaining law and order.

The NLC’s call for action has been a response to what it perceives as insufficient measures taken by the government to alleviate the economic strain on the Nigerian populace.

The letter read, “I wish to draw your esteemed attention to the Joint Press Release dated 8th February 2024, containing a 14-day ultimatum, jointly issued by the President of the NLC and President of the TUC as well as the notice of a two-day national protest issued by the NLC President on 16th February 2024.

“A cursory perusal of the above press release clearly shows that the planned protest is premised on or connected with alleged non-implementation of the 16-point agreement reached with the Federal Government on October 02, 2023, consequences of the hike in the price of PMS, and other associated issues. It is therefore safe to assert again that the proposed cause of action by NLC is targeted at achieving objectives or promoting issues connected with a hike in fuel price and consequential matters of palliatives workers ‘ welfare, and associated government policies.

“You may wish to note that the foregoing issues or objectives are at the core of the pending case before the National Industrial Court. Upon the submission of grievances to the court, parties in the suit cannot resort to public protests over the same issues, as such conduct amounts to gross contempt and affront to the institution of our courts of law. Therefore, the proposed nationwide protest action in all ramifications is in clear violation of the pending interim injunctive order granted in SUIT NO: NICN/ABJ/158/2023-FEDERAL GOVERNMENT OF NIGERIA & ANOR V. NIGERIAN LABOUR CONGRESS & ANOR on 5th June 2023 restraining both NLC and TUC from embarking on any industrial action or strike of any nature.

”It is not in doubt that the planned protest is designed to compel the government to accede to the demands of organised labour, therefore, such action qualifies as an industrial action which comes within the ambit of the restraining order. This restraining order has neither been stayed nor set- aside and therefore remains binding.”

He noted that the government had substantially met the demands of the union as contained in the Memorandum of Understanding entered with the NLC.

Fagbemi said, ”I wish to note that the government has substantially and reasonably complied with the items in the MOU and it is only appropriate and equitable for organized labour to engage more with the government to ensure the full implementation of same, especially in areas that have been inhibited by unforeseen challenges.

“May I, therefore request that you kindly implore and enjoin your clients to refrain from self-help by shelving the proposed protests which are antithetical to the mediatory engagements leading to the execution of the MOU, tantamount to undermining subsisting restraining court order, and occasioning disruption of public service, order, and safety.”