The Federal Government of Nigeria has reversed its position and withdrew its contempt suit against leaders of the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) for organising nationwide anti-subsidy protests on August 2, 2023. Trade Union Congress (TUC)
The development came barely five days after the Federal Ministry of Justice sued the organised labour leaders for allegedly disobeying a court order barring them from leading the nationwide protest.
The National Industry Court had barred the union from going on strike, but human rights lawyer and union counsel Femi Falana insisted the union could go ahead with the protest.
In a meeting with President Bola Tinubu on Wednesday night, organised labour and the president came to an agreement to end the one-day protest. This was accompanied by agreements that the Federal Government would swiftly implement subsidy palliatives and approve labour awards.
Despite the agreement, the Ministry of Justice sued organised labour for court contempt. This infuriated labour leaders, who later declared they would start a nationwide strike on August 14.
On the other hand, the Federal Ministry of Justice declared on Monday that the government had changed its mind about proceeding with the contempt lawsuit.
In a letter dated August 7, 2023, the ministry stated that the contempt proceedings brought against the Nigeria Labour Congress for starting a nationwide protest last Wednesday were no longer valid. The letter was sent to Congress through their attorney, Femi Falana, SAN.
According to the letter, which was signed by the Permanent Secretary, Beatrice Jeddy-Agba, the ministry initiated the contempt proceedings prior to the President’s and the National Assembly’s interventions.
The letter, addressed to the counsel of the Nigeria Labour Congress, Femi Falana, stated, “The attention of the Federal Ministry of Justice has been drawn to the communiqué issued by the Nigeria Labour Congress on August 3, 2023, in which NC announced the suspension of its nationwide protests and criticised the contempt summons issued by the National Industrial Court, amongst other issues.”
“Kindly recall the exchange of correspondence between the Ministry and your Office on the need for compliance with the extant court orders, restraining industrial action of any kind on the part of the Nigeria Labour Congress and Trade Union Congress. The position of the Ministry was informed by the need to safeguard the integrity of the court and prevent avoidable service disruptions or damages to public facilities.
“However, despite these exchanges/interventions, the labour unions, on August 2, 2023, proceeded with the industrial action through public protests, which led to disruption of work and the eventual pulling down of the gate of the National Assembly. The foregoing prompted the Ministry to initiate contempt proceedings by filing Form 48 on the same date, August 2, 2023, in accordance with Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 of the Judgement (Enforcement) Rules.”
The letter further read, “It is trite that the issuance of Form 48 is just the starting point in contempt proceedings, which will only crystallise upon the issuance of Form 49 and the consequential committal order. Upon the intervention of His Excellency, President Bola Ahmed Tinubu, and the decision of the labour unions to call off their industrial action after meetings with the President and leadership of the National Assembly, this Ministry did not proceed further with the contempt proceedings, which would have required the issuance of Form 49 within two days of the issuance of Form 48.
” It is self-evident that the non-issuance of Form 49 as of August 4, 2023, renders the contempt proceedings inchoate. You may therefore wish to advise or guide the labour unions on the practise and procedure of contempt proceedings, particularly to the effect that the issues or concerns raised by the Nigeria Labour Congress in its communiqué on the proceedings have been overtaken by events.”
When asked on Monday whether the Nigeria Labour Congress would call off its planned strike, Falana stated that the decision is up to the labour leaders.
In an attempt to avert a labour movement strike last month, the FG obtained an order from the National Industrial Court prohibiting the Nigeria Labour Congress and the Trade Union Congress from engaging in any strike action over issues relating to the “removal of fuel subsidy, hike in petrol prices, and consequential increase in the cost of living,” pending the outcome of the suit.
In a statement, Jedy-Agba urged the Nigeria Labour Congress to withdraw the seven-day notice it issued on its plan to begin a nationwide strike on August 2 if labour union demands were not met.
On July 26, the justice ministry issued a stern warning, stating that the union’s planned strike would constitute contempt of court, a crime that carries a prison sentence.
In light of the fact that the case was already pending in court, the FG claimed that such a strike action would amount to a self-help measure.
However, the organised labour announced a nationwide protest despite the court’s injunction because they were frustrated by the FG’s slow response to their negotiations and the holdup in implementing palliative measures to ease the pain of subsidy removal.
Falana, SAN, on the other hand, insisted that the planned protest was legal.
As a result, the protests, which were held on Wednesday, paralysed economic and commercial activities nationwide, leading to the shutdown of banks, offices and courts in several states.
As a payback for the labour leaders’ defiance, the Federal Government initiated a contempt of court proceeding against the labour leaders, a development that angered the unions.
However, In a telephone interview with The PUNCH on Monday, The National Assistant Secretary, Chris Onyeka, said in view of the letter by the Federal Ministry of Justice, the congress would call an organ meeting and give appropriate directives on the next line of action.
Meanwhile, the upper chamber of the National Assembly will meet with organised labour in Abuja on Tuesday (today), according to the NLC National President, Joe Ajaero.
Ajaero also noted that the labour leaders would hold the government responsible for every agreement reached.
Speaking during an interview, Ajaero said, “Just like you rightly said, the protest was suspended due to the intervention of the Senate and the President of the Federal Republic of Nigeria, President Bola Ahmed Tinubu. When we suspended the protest, the Senate vowed to get back to us within one week and just this evening, we got a notice that we have been invited for a meeting with them tomorrow (Tuesday). On the other issues, we are yet to get the modalities on the restructured negotiating team. “We are going to do our jobs as labour leaders and we will not be tired. We expect the government to respect every agreement reached.”
