Financial hardship: NLC’s protest not contempt, Falana tells AGF

The counsel for the Nigeria Labour Congress, Femi Falana (SAN), has mentioned the proposed nationwide protest by the union doesn’t quantity to contempt.

In keeping with him, after withdrawing the contempt proceedings towards the NLC and TUC for his or her protest on August 2, 2023, the Federal Authorities’s subsequent menace of contempt towards the NLC for organising one other protest on February 27 and 28, 2024, to protest the rising price of dwelling, seems contradictory and inconsistent.

He contended that the proposed public protest of the NLC will not be contemptuous of the 2 ex parte orders of the Nationwide Industrial Court docket.

In a letter dated February 24, 2024, addressed to the Minister of Justice and the Legal professional Normal of the Federation, Lateef Fagbemi (SAN), Falana insisted that the difficulty of contempt doesn’t come up because the NLC had challenged the jurisdiction of the Nationwide Industrial Court docket to entertain the substantive case.

The letter partly learn, “Though the events signed a 16-point memorandum of understanding, the Federal Authorities didn’t implement all of the phrases of the settlement. Therefore, on August 2, 2023, each NLC and TUC held a peaceable protest all through the nation.

“As a substitute of implementing the Settlement, the Federal Authorities initiated contempt proceedings towards the NLC and TUC on the Nationwide Industrial Court docket. We challenged the competence of the contempt proceedings. Nonetheless, the Federal Authorities circled to withdraw the appliance for contempt.

“On November 10, 2023, the Federal Authorities filed one other Go well with, No NICN/ABJ/322/2023 between Federal Authorities of Nigeria & Anor. on the Nationwide Industrial Court docket towards the NLC and TUC, however the pendency of Go well with No. Go well with No NICN/ABJ/158/2023.

“On that very same day, the President of the Nationwide Industrial Court docket, the Honourable Justice Benedict Kanyip granted an ex parte order to restrain the NLC and TUC from embarking on the deliberate strike. Nonetheless, His Lordship directed that the case file be transferred to Justice Olufunke Yemi Anuwe who’s dealing with an identical labour dispute between the identical events.

“Each NLC and TUC challenged the competence of the recent swimsuit on the bottom that it constitutes a gross abuse of courtroom course of, inter alia. The appliance has not been heard and decided by the Nationwide Industrial Court docket.

“Having withdrawn the contempt proceedings filed towards the NLC and TUC for embarking on public protest on August 2, 2023, you ought to not have threatened the NLC with contempt of courtroom over its plan to carry rallies from February 27-28, 2024 towards the astronomical price of dwelling within the nation.

“We submit, with none worry of contradiction, that the proposed public protest of the NLC will not be contemptuous of the 2 ex parte orders of the Nationwide Industrial Court docket. Specifically, the difficulty of contempt doesn’t come up because the NLC has challenged the jurisdiction of the Nationwide Industrial Court docket to entertain the substantive case. ”

Falana additionally claimed that the Industrial Court docket by no means barred the TUC and NLC from exercising their basic rights to freedom of expression to protest towards the hardship within the nation.

Moreover, he mentioned the judgement of the apex courtroom within the case between the Inspector Normal of Police and All Nigeria Peoples upheld the elemental proper of Nigerians to protest on issues of public curiosity with no police allow.

Falana mentioned, “It’s additional submitted that the Nationwide Industrial Court docket has not restrained the members of the NLC from exercising their basic rights to freedom of meeting and freedom of expression to protest towards the excruciating financial pains being skilled by the plenty.

“Within the case of Inspector-Normal of Police v All Nigeria Peoples Occasion (2008) 12 WRN 65, the Court docket of Enchantment upheld the elemental proper of Nigerians to protest on issues of public curiosity with no police allow. Within the main judgment of the Court docket, Olufunmilayo Adekeye JCA (as she then was).”

Falana famous that he had suggested the NLC to go forward with the proposed protest in a peaceable method, urging the AGF to make sure the IGP gives enough safety for the protesters.

“Whereas we’ve got suggested the members of the NLC to conduct the rallies scheduled for February 27-28, 2024 in a peaceable method, we urge you to make use of your good workplaces to direct the Inspector-Normal of Police to supply enough safety to the conveners and members within the protest according to the provisions of Part 83(4) of the Police Institution Act. ”

Falana famous that the NLC and TUC adhered to the June 2023 order that prohibited them from partaking in industrial motion, including that they filed an software to problem the courtroom’s jurisdiction and sought a keep of execution pending the decision of the movement.

He mentioned, “It will be recalled that following the removing of gasoline subsidy by President Bola Ahmed Tinubu on Might 29, 2023, the Federal Authorities commenced negotiations with the NLC and the TUC because the subsidy removing coverage had introduced untold hardship to Nigerians.

“Whereas the negotiations had been in progress, the Federal Ministry of Justice rushed to the Nationwide Industrial Court docket to file Go well with No NICN/ABJ/158/2023 between Federal Authorities of Nigeria & Anor. v Nigeria Labour Congress & Anor in respect of the identical points. On June 5, 2023 the Honourable Justice Yemi Anuwe granted the appliance of the Federal Authorities for an ex parte order to restrain the NLC and TUC from embarking on strike towards the removing of gasoline subsidy.

“Though each the NLC and TUC complied with the ex parte order, they promptly filed an software to put aside similar for need of jurisdiction. They equally requested for a keep of execution of the order ex parte pending the willpower of the movement. The appliance to put aside the ex parte order filed by the Defendants and the movement for interlocutory injunction filed by the Claimants haven’t been thought-about as events resolved to settle the case out of courtroom.”

The PUNCH studies that Falana’s letter was in response to the one earlier written by the AGF, urging him to prevail on the NLC and TUC to shelve the proposed nationwide protest.

Fagbemi had in his letter famous that embarking on the protest would quantity to contempt as there was a subsisting order of courtroom restraining the organised labour from embarking on any industrial motion.

The NLC had on February 16, 2024, a nationwide protest scheduled for February 27 and 28, 2024, in response to the financial challenges dealing with the nation.

This determination got here after the 14-day ultimatum issued to the federal authorities concerning the widespread hardship elapsed.