The Federal Government (FG) formally requested yesterday that the Nigeria Labour Congress (NLC) and the Trade Union Congress of Nigeria (TUC) postpone their upcoming nationwide, indefinite strike scheduled to commence on October 3.
The Federal Government claimed that by going ahead with the proposed industrial action, they would be flagrantly violating an active court injunction.
Yesterday, the National Economic Council (NEC) urged the labor unions to refrain from going on an indefinite strike. It urged the federal government and labor to continue talks at the state level.
The Nigeria Union of Petroleum and Natural Gas Workers, NUPENG, directed its members, including the Petroleum Tanker Drivers, PTD, Petrol station workers, PSW, Liquefied Petroleum Gas Retailers, LPGAR, and all other allied workers in the value chain of petroleum products distribution, to comply with the strike directive on the day the NLC insisted on the strike’s continuation.
Earlier yesterday, the NLC insisted that no agreement had been reached with the Federal Government to put a halt to the intended indefinite strike, even as it claimed that no meeting with the government had been set.
However, the administration said that matters relating to the elimination of fuel subsidies, which were a factor in the NLC and TUC’s decisions to call the strike, are still pending before the National Industrial Court, NIC.
Through their attorney, FG contacts unions
Through Prince Lateef Fagbemi, SAN, Attorney-General of the Federation and Minister of Justice, the government wrote to Mr. Femi Falana, SAN, the leader of the legal teams for the two unions, pleading with him to convince his clients to call off the strike.
It stated: “The Ministry’s attention has been called to media reports on the proposed statewide strike action by the Nigerian Labour Congress, NLC, and Trade Union Congress, TUC, scheduled to begin on October 3, 2023.
“You are respectfully requested to consider the timing of prior measures and activities on this topic, notably the correspondence between this office and your firm before and after the nationwide “action/protest” declared by the NLC on August 2, 2023.
“While your clients have insisted that the NLC’s nationwide protest is in support of its constitutional right to organize protests, the ministry has repeatedly urged you to advise your clients to avoid using self-help tactics and avoiding actions that could undermine current court orders from a competent jurisdiction.
“It should also be remembered that this office initiated contempt proceedings against the labor leaders based on the manner in which the aforementioned countrywide action/protest was conducted.
“However, the contempt proceedings were dropped following the involvement of the President and National Assembly, as well as the labor unions’ decision to stop their protest/action.
It was wise to take this action so that the government and labor unions could engage in more discussions without any form of encumbrances.
However, the NLC decided to start a comprehensive and indefinite shutdown of the country within 14 working days or 21 days from August 31, 2023, in a communiqué that was released at the conclusion of its National Executive Council, or NEC, meeting.
The NLC and TUC presidents jointly issued a communiqué on September 26, 2023, announcing that organized labor had decided to “enter into an indefinite and total shutdown of the nation beginning at zero hours Tuesday, the third day of October 2023.
“According to a review of the information in the aforementioned communiqués and reports from the media, the proposed strike action is based primarily on issues related to the elimination of the gasoline subsidy,
a rise in fuel prices and the ensuing issues of making allowances for workers’ welfare and palliative care.
“There is no doubt that the National Industrial Court has been asked to rule on these matters.
Thus, the proposed strike is clearly in violation of the ongoing interim injunctive order issued on June 5, 2023, prohibiting both the Nigeria Labour Congress and the Trade Union Congress from engaging in any form of industrial action or strike while the motion on notice is still pending.
“We would want to underline that a court order remains enforceable and binding until set aside, regardless of the viewpoints of any parties.
The general public anticipates that labor unions will take the lead in adhering to court orders and not in breach.
“Based on a review of the information in the aforementioned communiqués and the media reports that are currently available, the proposed strike action is primarily motivated by concerns about the elimination of the fuel subsidy, the increase in the price of fuel, and related issues of making provisions for palliative care and worker welfare.
“There is no doubt that the National Industrial Court has been asked to rule on these matters.
Thus, the proposed strike is clearly in violation of the ongoing interim injunctive order issued on June 5, 2023, prohibiting both the Nigeria Labour Congress and the Trade Union Congress from engaging in any form of industrial action or strike while the motion on notice is still pending.
“We would want to underline that a court order remains enforceable and binding until set aside, regardless of the viewpoints of any parties.
“The public expects that labor unions will lead in submission to and compliance of court orders, not in their violation.
“This Office therefore sincerely hopes that your eminent legal firm will counsel the labor unions on the need to safeguard the credibility of courts and uphold the sacredness of court rulings.
As a result, you are cordially asked to remind the organized labor unions that their scheduled strike would be a flagrant violation of the current court order and that it would be more suitable to address their complaints and requests during the next 60 days.
“As a result, they must be more understanding and show better appreciation for the impact of the court’s order by shelving the strike.
“The above will provide parties with more room for further mutual engagements, for a comprehensive and sustainable resolution of all outstanding issues on this matter in the overall national interest.”
The Director-General of State Security Services, the Inspector-General of Police, the National Security Adviser, the Chief of Staff to the President, the Minister of Labor and Employment, and others were all copied on the letter.