NLC’s Planned Protest Does Not Violate Any Law Nor Court Order, Falana Tells FG

Human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana has said the Nigeria Labour Congress (NLC) and its allies have legal right to protest against government policies that negatively affect their members.

But the Nigeria Employers’ Consultative Assembly (NECA) has called for a rethink of recent mobilisation by the NLC and the Trade Union Congress of Nigeria (TUC) for industrial strike and civil action, saying it portends serious danger for the survival of sustainable enterprises and national development in Nigeria.
Also, on Sunday, the TUC said it will meet this week to decide on the next option to pursue in order to get the government to address its demands.
However, Falana argued that the right to demonstrate and protest on matters of public concern were in public interest, which he stressed individuals must possess and should exercise without impediment as long as no wrongful act was done.

In a letter dated July 28, 2023, and addressed to the Permanent Secretary of the Federal Ministry of Justice and Solicitor General of the Federation, Falana stressed that the NLC was not in contempt of any court order.

The federal government through the Solicitor General had in reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country accused the leaders of the NLC of treating the order of the National Industrial Court with contempt.
However, in his letter, Falana stated: “Contrary to your unwarranted allegation, the NLC does not intend to disobey the ex parte order of the National Industrial Court to the effect that 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.”

According to Falana, the National Industrial Court or any other court did not grant an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the NLC.

He stated further: “Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an industrial action or strike of any nature, you ought not have threatened our client with contempt of court.
“It is pertinent to draw your attention to the case of ‘Inspector General of Police V All Nigeria Peoples Party (2008) 12 WRN 65,’ where the court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgment of the Court, Justice Adekeye said as follows:

“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.
“If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.”

Falana, further stated that freedom of speech and freedom of assembly were part of democratic rights of every citizen of the country, adding that, “the legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”

With regard to the nationwide protest scheduled for Wednesday, Falana said having, “advised the NLC and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020, which “where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to , the police officer responsible for the area where the meeting rally or procession will take place shall mobilise personnel to provide security to provide security cover for the meeting, rally or the procession.”

NECA: NLC, TUCN Mobilisation for Strike, Civil Action Dangerous for Nigeria

Meanwhile, NECA has called for a rethink of recent mobilisation by the NLC and the TUC for protest and civil action, saying it portends serious danger for the survival of sustainable enterprises and national development in Nigeria.

NECA also emphasised the need for the government to take urgent action to avert the call for protest by the trade unions because of the current parlous state of the Nigerian economy.

It argued that, “recent events that portend serious danger for the survival of sustainable enterprises, decent work, national development and our industrial relations system as a whole necessitated this urgent call.”

NECA stated strongly that, “the parlous state of the economy and the recent mobilisation for strike and civil action by the NLC and TUCN is not only worrisome but also calls for urgent action by government and other stakeholders.”

These views were expressed in press statement titled “Nigeria Labour Congress’ Call for Strike and Mass Action: Urgent Need for a Rethink,” which was issued Sunday by the Director General of NECA, Mr. Adewake-Smatt Oyerinde.

The group of employers stated emphatically that, “a call for ‘strike and mass action’ by any social partner at this difficult time, in furtherance of the achievement of its objectives could, potentially cause a breakdown of law and order with attendant risk for organised businesses and the nation as a whole.”
Oyerinde, added that “any strike, threat of mass action or civil disobedience that could potentially disrupt the economic activities of businesses, especially those in the formal and informal sectors (which could compromise sustainability and job creation), based on economic policies of the government (which are non-employment related) will be counter-productive.

“While organised labour is at liberty to engage with government on behalf of its members on issues of welfare as they relate to impacts of any economic policy, sometimes deadlock may hold sway.

“When that happens, the consequential action by organised labour should not, in any way, hinder anyone from going about their businesses peacefully or cause anyone to be intimidated or harassed.”

He also noted that, “while it should be noted that various International Labour Organisation’s (ILO) conventions, recommendations, international treaties and local legislations guarantee certain rights and privileges to social partners, a call for mass action or civil disobedience is certainly not one of them.”
Oyerinde added that, “it is important for social partners to deference their jurisdictional and operational limits.”  

NECA, however, urged the government to, as a matter of urgency, take immediate steps to ameliorate the economic trauma being faced by workers, Nigerians and organised businesses.

It observed that many businesses have been shut-down and many others are on the verge of closing down, which will exacerbate the current unemployment rate and drag many further down the poverty line.

“We strongly request that a coordinated implementation of the various pro-growth and other palliative schemes should commence, without further delay, at the federal level to complement the efforts of some state governments and organized businesses. The need for transparent communication and building of National consensus at this difficult time cannot be over-emphasised,” it said, adding that “A stitch in time saves nine.”

NECA recalled that organised businesses in Nigeria, both in the formal and informal sectors, “lost over N5 trillion due to the crass vandalisation by unscrupulous elements who hijacked the purposeful End-SARS protest in 2020,” adding that “many organisations are yet to recover from the loss incurred and many informal sector operators fatally handicapped economically.

“We re-emphasis the importance of social dialogue, a potent instrument of the ILO, and a globally accepted mechanism for dispute resolution.”

TUC to Meet This Week

Relatedly, the TUC has said it would meet this week to decide on the next option to pursue in order to get the government to address its demands.
General Secretary of the TUC, Nuhu Toro, who spoke on telephone with THISDAY, at the weekend said the trade union centre would meet early this week to consider possible action to compel government to meet its demands on measures that would cushion effects of government’s harsh policies.

Onyebuchi Ezigbo in Abuja and Dike Onwuamaeze in Lagos

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