By Deborah Onyofufeke, Abuja
The Nigerian Labour Congress, NLC, and the Trade Union Congress, TUC, has appealed the restraining order issued by the National Industrial Court, NIC, sitting in Abuja, wherein they were stopped from going ahead with the planned Industry Action following the fuel subsidy removal by the Federal Government.
The two unions requested that the court’s interim order restraining its strike Action be vacated in a motion they filed through their lawyer, Mr. Femi Falana, SAN.
The Appellants maintained that the suit the FG brought against them before the NIC, was offensive to provisions of Section 254C (1) (f) of the 1999 Constitution and section 7(6) of the NIC Act 2006, “and thus, the ex-parte order is liable to be set aside.”
Both the NLC and the TUC argued that the court lacked the jurisdictional competence to hear and determine the case “as it was filed in violation of Section 17 {2} of the Trade Disputes Act, which authorises the Minister of Labour and Employment to refer a trade dispute directly to the National Industrial Court.”
“This court as presently constituted lacks the jurisdictional competence to hear and determine the matter and or make any orders as regards the trade Dispute {subject matter of this suit} for failure to first refer the trade dispute to the Industrial Arbitration Panel as mandated by part 1 of TDA.
“The Claimants/Applicants suit offends the lucid provisions of Order 3 Rules 1 and 6 of the National Industrial Court Civil Procedure Rules, 2017.
“The Defendants/Applicants and their members have a right to strike under the Trade Unions Act, the Trade Disputes Act, the ILO Convention and under several international treaties the 1st Claimant/Applicant is a signatory to.
“By virtue of Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, Nigerian workers have the fundamental right to protest against policies of government considered inimical to their interests as reiterated in the cases of IGP VS ANPP {2008} 12 WRN 65, MUSA VS INEC,” they added.
Besides, NLC and TUC contended that the suit by FG did not disclose a reasonable cause of action against them.
“The Plaintiffs suit is lacking in bona fide, as it was filed to harass, irritate and embarrass the Defendants/Applicants, which constitutes an abuse of judicial process.
“The Claimants/Applicants suppressed material facts before this Honourable Court thereby misleading the Court to grant the exparte reliefs sought and obtained.
“In the circumstances and under established judicial authorities as well as extant Rules of this Honourable Court, the Claimants suit as presently constituted against the Defendant, is liable to be dismissed or struck out for want of jurisdiction and the ex parte order set aside,” the two unions added.
Consequently, they applied for an order, “setting aside, discharging and/or vacating the ex parte interim order of injunction restraining the Defendants/Respondents, their members, their agents, employees, workmen, servants, proxies or affiliates from embarking on the planned Industrial Action and/or strike of any nature pending the hearing and determination of the Claimants/Applicants motion on notice for interlocutory injunction made on the 5th June, 2023, Coram: Hon. Justice O.Y. Anuwe in Suit No: NICN/ABJ/158/2023 between federal government of Nigeria & anor. Vs Nigerian labour congress and anor.”
It will be recalled that the court had in a ruling that was delivered by Justice O. Y. Anuwe on June 5, barred the two organizations from proceeding with their planned strike action, pending the determination of a suit that was brought against them by FG.
The court held that the interim order, as well as substantive suit, should be immediately served on both groups, which were cited as Defendants/Respondents in the suit, even as it adjourned further proceedings in the matter till June 19.
