The federal government yesterday obtained an injunction from the National Industrial Court (NIC) Abuja, restraining the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) from embarking on their planned strike to protest against the removal of fuel subsidy which in turn pushed the pump price to N448 and N5550 per litre nationwide from an average of N189.
The government obtained the order while it was still hold negotiations with labour leaders.
The court, in a ruling delivered by Justice Olufunke Anuwe, barred the two organisations from proceeding with the strike, pending the determination of a suit that was brought before it by the government.
She court held that the interim order, as well as the substantive suit, should be immediately served on both the NLC and the TUC, which were cited as defendants/respondents in the suit marked NICN/ABJ/158/2023, even it fixed the matter for hearing on June 19.
The court’s order followed an ex parte application that the federal government filed through the federal ministry of justice.
Counsel for the government, Mrs. Maimuna Lami Shiru, who moved the application, maintained that the proposed strike was capable of disrupting economic activities, the health sector and the education sector.
Shiru said students of secondary schools across the country who are writing the senior secondary school certificate examination as well as university students would be negatively impacted by the strike if allowed.
She further contended that the impending industrial action would imperil hospitals and the Nigerian economy.
The government further tendered Exhibits FGN 1, 2 and 3, which were notices from the NLC, TUC and the Nigerian Union of Journalists, NUJ, to their members, asking them to withdraw their services with effect from Wednesday, June 7.
The court, in its ruling, held that it was empowered by section 7(b) of the NIC Act, 2006, with the exclusive jurisdiction in matters relating to the grant of any order to restrain any person or body from taking part in any strike, lockout or any industrial action.
It held that sections 16 and 19(a) of the NIC Act 2006 also empowered it to grant urgent interim reliefs.
The court held that the affidavit of urgency as well as the submission of federal government’s lawyer revealed: “a scenario that may gravely affect the larger society and the well-being of the nation at large”.
“Counsel has pointed out that students of secondary schools nationwide, especially those writing WAEC exams nationwide, will be affected; the tertiary institutions who have only just resumed after a long ASUU strike will also be affected, not leaving the health sector, amongst other sectors; and above all, the economy of the nation.
“In my view, this is a situation of extreme urgency that will require the intervention of this court.
“Having therefore considered the totality of this application, I make the following orders:
“The defendants/respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the motion on notice dated 5th June 2023,” said the judge, Anuwe said.
She went on to restrain the NLC and the TUC “from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the motion on notice dated 5th June 2023.
“It is ordered that the defendant/ respondents be immediately served with the originating processes in this suit, the motion on notice, and the order of this court hereby made.
“The motion on notice is hereby fixed for hearing on 19th June 2023.
“Hearing notices to that effect shall be served on the defendants/respondents along with the other processes,” the judge held.
The suit marked: NCIN/ABJ/158/2023 listed the NLC and TUC as respondents, while the federal government and the attorney general of the federation as the claimants.
