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Strike: FG Says Interim Order Bars NLC from Down Tooling, Advises Falana on Protestbl

By Seun Adams

As the organized labour insist on proceedings with its planned nationwide strike, over increasing cost of living occasioned by the recent increase in pump price of Premium Motor Spirit (PMS), the federal government has cautioned against the disrupting and or shutting down of essential services in the country.

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Consequently, the federal government has urged the lawyer to the organized labour, Mr Femi Falana, SAN, to prevail on labour to halt the proposed mass protest scheduled to commence from Wednesday August 2, 2023.

In a letter to Falana, dated July 31, the federal government through the Solicitor General of the Federation and Permanent Secretary, Ministry of Justice, Mrs Beatrice Jedy-Agba, reminded of the interim order restraining the Nigerian Labour Congress (NLC) from proceeding on any form of industrial action.

In the letter titled, RE: NLC NOT IN CONTEMPT OF COURT, Mrs Jedy-Agba pointed out that, “It is incumbent on your law firm to sensitize the labour unions that peaceful protests are no justification for disrupting or shutting down essential services, which is tantamount to a strike action”.

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While clarifying that the federal government at no time threatened labour with contempt of court as misconstrued by labour, the Solicitor General however, argued that parties are expected to maintain the status quo even in the absence of a restraining order. 

“The issue of peaceful protests and police permit are also not in contention; however, you may wish to be guided by the contents of the Communique issued by the National Executive Council of NLC at the end of its meeting of 27 July 2023. The decision or projected cause of action by NLC are directed principally in furtherance of issues connected with hike in fuel price and consequential matters of palliatives and workers welfare. 

“We assert that it is grossly inappropriate to lead public protest in respect of issues relating to or connected with fuel price increase, which are currently before the court”, she said.

Jedy-Agba claimed that from the NLC’s communique issued last week, it was apparent that the current move by NLC goes beyond peaceful protest by the issuance of a seven-day ultimatum for government to meet its demands and also embark on a nation-wide action to compel government to reverse alleged anti-worker policies.

“We reiterate that the interim order clearly restrained NLC from embarking on industrial action of any nature. It is common knowledge that strike is only a form of industrial action. NLC has expressed intention to embark on a nation-wide action to force the government (employer) to agree to its demands. 

“Furthermore, the participation of workers in the protest will result in restriction, or limitation on, or a delay in the performance of work. 

“The foregoing, inclusive of the purported peaceful protest (in view of its intended aims or purposes), undoubtedly amounts to an industrial action.

Meanwhile, those copied with the letter included the National Security Adviser, Director-General, State Security Services and Inspector-

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