BREAKING: Court stops NLC planned strike

The National Industrial Court on Tuesday
stopped the Nigerian Labour Congress and the
Trade Union Congress from embarking on their
planned strike over the increase in fuel price by
the federal Government.
The labour unions had threatened to commence
a nationwide strike on Wednesday.
Justice Babatunde Adejumo gave the restraining
order after the Attorney General of the
Federation, and Minister of Justice, Mr.
Abubakar Malami, argued an ex parte
application in which the prayer for the order
was contained.
Justice Adejumo ruled, “The defendants are
hereby restrained from carrying out the threat
contained in their communique issued on May
14, 2016 pending the hearing and
determination of the motion on notice filed on
May 16.
“It is the order of this court that status quo be
maintained as at May 17.”
The order being an interim one will last for
seven days, although it is subject to renewal.
The judge also ordered that the processes in the
case be served on the respondents within 24
hours and that proof of service be filed in the
court.
“It is the order of this court that none of the
parties shall engage in any act, conduct, overtly,
covertly on this matter pending the hearing and
determination of the motion on notice,” Justice
Adejumo added.
The judge transferred the hearing of the
substantive case to another judge of the court
on the grounds that he would be engaged at the
National Judicial Council when the matter would
be deemed for hearing.
The judge said although he would preferred
that the dispute be resolved amicably, he was
constrained to issue the ex parte order because
the respondents were not yet before him.
He also said that he granted the order to make
sure that people were not subjected to
avoidable hardship.
He said ,”I decided to take this case this morning
because it is on an issue that will affect
everybody. I don’t want people to be subjected
to hardship. There will be scarcity of foods,
people may die, students will engage in all sorts
of activities. This is why I have to grant this
order.”
Malami, while moving the ex parte application,
said it was in the national interest to stop NLC
from shutting down the nation over last week’s
increase in price of fuel.
He cited Section 14 of the 1999 Constitution as
amended to justify his application to stop the
strike.
Malami argued that no amount of damages
could serve as compensation if NLC was allowed
to shut down the economy.
He further argued that the balance of
convenient was in favour of the government.
Malami said that labour met on Saturday and
issued a communique wherein it gave
government a three-day ultimatum to reverse
the decision increasing fuel price.
He further told the court that NLC had
threatened to shut down the country if
government failed to reverse the fuel price
increase.
He told the court that the respondents had
threatened to close down all government
offices, seaport, airports and markets.
He contended that ordinary and law abiding
citizens would be subjected to hardship if the
respondents were allowed to go ahead with
their threat.
Malami argued that the government was left
with no alternative but to seek the intervention
of the court.
He said that he got notice of the communique
on Sunday and quickly filed an originating
summons, together with motion on notice and
an exparte application to determine whether
NLC’s decision was justified in the circumstance.
Among other questions put before the court,
Malami asked the court to determine, “Whether
the respondents (NLC, Trade Union Congress)
have complied with the laid down condition
precedent for embarking on strike.
“Whether indeed there exist in law and in fact
the basis of which the respondents’ total closure
of the economy can be justified.”