In a motion on notice filed by Femi Falana, SAN, and obtained by SaharaReporters on Friday, the NLC urged the court to vacate the interim order in the interest of justice for the Nigerian workers.
The Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) have urged the National Industrial Court of Nigeria, sitting in Abuja to set aside its interim order restraining workers from embarking on strike action until the determination of the motion on notice filed by the federal government and the Office of the Attorney-General of the Federation.
In a motion on notice filed by Femi Falana, SAN, and obtained by SaharaReporters on Friday, the NLC urged the court to vacate the interim order in the interest of justice for the Nigerian workers.
Justice O. Y. Anuwe had on Monday directed Nigerian workers not to proceed on strike following the removal of petroleum subsidy by the Federal Government.
President Bola Tinubu’s recent declaration that subsidy “is gone forever” had resulted sharp hike in fuel prices as well as instant increase transportation fare across the country.
But the AGF posited that the proposed strike was capable of disrupting economic activities, the health sector and the educational sector.
According to the court documents by the NLC and TUC, the orders sought by the NLC are as follows;
“AN ORDER of this Honourable Court 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. AND for such Order or other Orders as this Honourable Court may deem fit and proper to make in the circumstances.”
“Take Further Notice that the Grounds upon which the Preliminary Objection is brought are as follows: This Honorable Court on the 5th day of June, 2023 pursuant to an ex parte application brought by the Claimants/applicants, made an 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.
“The claimants’/Applicants suit as presently constituted and the reliefs sought offends the lucid provisions of Section 254C (1) (f) of the 1999 Constitution and section 7(6) of the National Industrial Court Act 2006 and thus the ex-parte order liable to set aside.
“Alternative to (ii} above, this Honourable Court lacks 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,--- The Claimants/Applicants Suit does not disclose a reasonable cause of action against the Defendants/Applicants.
“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.”
The suit is dated at Abuja, Wednesday, July 7, 2023.