Strike: FG’s contempt threat just hot air – Labour

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The national deputy president of the Trade Union Congress (TUC), Mr Tommy Etim, has said that it is inconsequential the reminder by the federal government that the organised labour would be guilty of contempt of court should it (labour) embark on its proposed strike slated to begin on ctober 3.

Etim was reacting to the letter by the attorney general of the federation and minister of justice, Mr Lateef Fagbemi cautioning labour unions – TUC and the Nigerian Labour Congress (NLC) – against their proposed indefinite strike against the removal of subsidy on petrol and the attendant hardship inflicted on Nigerians.

The minister had in a letter addressed to counsel for the unions, Mr Femi Falana that the proposed strike by the TUC and NLC was in contravention of a subsisting court’s order restraining the unions from declaring an industrial action.

The letter dated September 26 but made available to the media yesterday by the spokesman for the ministry of justice, Modupe Ogundoro, reads: “The attention of the Ministry has been drawn to media reports on the proposed nationwide strike action by the Nigerian Labour Congress, NLC, and Trade Union Congress, TUC, scheduled to commence on 3rd October 2023.

“You are kindly invited to recall the antecedence of previous steps/actions on this matter, particularly the exchange of correspondence between this office and your firm, before and after the nationwide “action/protest” declared by the NLC on August 2, 2023.

“Whilst your clients had maintained that the nationwide protest by the NLC is in furtherance of its constitutional right to embark on protests, the ministry has repeatedly advised on the need to advise your clients to refrain from resorting to self-help and taking actions capable of undermining subsisting orders of a court of competent jurisdiction.

“It is also to be recalled that based on the conduct of the said nationwide action/protest, this office instituted contempt proceedings against the labour leaders. However, upon the intervention of the President and National Assembly, coupled with the decision of the labour unions to discontinue their action/protest, the contempt proceedings were not prosecuted further. This was advisedly done to enable the government and labour union to engage in further negotiations without any form of encumbrances.

“However, in its communiqué issued at the end of its National Executive Council meeting on 31st August 2023, NLC resolved to embark on a total and indefinite shutdown of the nation within 14 working days or 21 days from August 31, 2023.

“Also on September 26, 2023, the Presidents of NLC and TUC, jointly issued a communiqué stating that organised labour had resolved, “to embark on an indefinite and total shutdown of the nation beginning on zero hours Tuesday, the 3rd day of October, 2023.

“From a review of the contents of the above communiqués and available media reports, the proposed strike action is premised principally in furtherance of issues connected with the removal of fuel subsidy, hike in fuel price and consequential matters of making provisions for palliatives and workers welfare.

“These are undoubtedly issues that have been submitted to the National Industrial Court for adjudication.

“Therefore, the proposed strike action is in clear violation of the pending interim injunctive order granted on 5th June 2023 restraining both Nigeria Labour Congress and Trade Union Congress from embarking on any industrial action/or strike of any nature, pending the hearing and determination of the pending motion on notice.

“We wish to reiterate that a court order, regardless of the opinion of any party on it, remains binding and enforceable until set aside.

“It is the expectation of the public that the labour unions would lead in obedience and observance of court orders and not in its breach.”

However, Etim said despite the threat, the strike will go on as planned.

He labour was used to threats and “it is not going to deter us” adding “we are not cowards.”

He said the minister should provide adequate spaces in the prisons for Nigerians.

“It is a threat but power belongs to the people. Let them carry all of us to the prisons. I can only answer by saying the end justifies the means. If that is what they want, let’s see what would happen on the 3rd of October. If he would pack all the Nigerian people to prison, there is no problem.

“If the government wants to put us in prison, let them put us in prison. Going to prison is not a death sentence.

“We are working for the country and if the government feels it wants to put us in prison because we are working for the country, so be it. Let the end justify the means,” he said.

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