Labour’s plan for a strike suffered a setback in court as its request for an order to compel the government to pay N30,000 minumum wage was turned down.
Besides, air traffic controllers declined to join the strike.
Senate President Bukola Saraki and Peoples Democratic Party (PDP) presidential candidate Atiku Abubakar cautioned Labour leaders.
The National Industrial Court of Nigeria in Abuja declined a request to compel both Federal and state governments to immediately adopt N30,000 as the new national minimum wage.
Justice Sanusi Kado also rejected a request for a fresh order restraining organised labour from proceeding on its planned strike.
Justice Kado, whose ruling was on an ex-parte motion by a group, Kingdom Human Rights Foundation International (KHRFI), noted that since the court made a similar order on November 2, restraining labour from embarking on a strike, a fresh order was unnecessary.
The judge also noted that since parties to the dispute over a new minimum wage were still having negotiations, it was unnecessary compelling a party to the talks to agree to an amount.
Justice Kado on November 2 granted an ex-parte application argued on behalf of the Federal Government and the Attorney General of the Federation (AGF) by the Solicitor General of the Federation (SGF) for, among others, an order restraining the Nigeria Labour Congress (NLC) and, Trade Union Congress (TUC) from engaging in the planned strike.
At the commencement of proceedings yesterday, KHRFI lawyer Nnamdi Okere told the court about the motion ex-parte he filed along with originating summons. He prayed the court to grant the prayers contained in the ex-parte motion. He made efforts to distinguish his motion from the one the court granted on November 2.
But Justice Kado noted that the orders of interim injunction sought by the applicant could only be granted where there was no urgency; there was the need to preserve the subject matter of the dispute and the defendants could not be served.
The judge noted that since the court, on November 2, granted an order stopping the strike, there was no longer any urgency and, as such, it was not necessary to compel the government to start the process of adopting the N30,000 as the new national minimum wage.
In view of the judge’s observation, Okere withdrew the first two prayers, leaving the one for substituted service of the court processes on the 36 governors, which the judge granted and directed that the court documents should be deposited at each of the governor’s lodge in Abuja.
Defendants in the suit are: the President, the Attorney-General of the Federation (AGF), the Minister of Labour and Productivity, the Revenue Mobilisation, Allocation and Fiscal Commission, the National Salaries, Income and Wages Commission, and the National Assembly.
Others are: NLC, TUC, United Labour Congress (ULC) and the governors of the 36 states, who are listed as the 10th to the 45th defendants.
The plaintiff, in a supportive affidavit, noted that “negotiation between the government and the organised labour, according to the NLC, has been concluded and a new minimum wage of N30,0000 agreed by the parties”.
The plaintiff urged the court to hold that “in view of the economic realities, hardship and pauperised squalor living condition of Nigerian masses, the payment of the paltry sum of N18,000 monthly national minimum wage to the lowest category of workers in Nigeria is adequate to take care of an average worker and his family”.
It also asked the court to hold that the N18,000 regime was not reasonably justifiable in a democratic society “if juxtaposed with huge, excessive, outrageous and disproportionate salaries, emoluments, allowances, impress and arrears paid to the political office holders, and heads of governments agencies and parastatals.”
The plaintiff contended that “should the organised labour shut down the entire nation on November 6, 2018, including health sector, it will deny many poor Nigerians access to healthcare, especially those in emergency/accident unit, pregnant women on antenatal and those on post-natal, and will result to avoidable death of many innocent lives”.
In a statement by his media adviser Paul Ibe, Atiku restated his “support of labour in its struggle for a living wage”, but he urged both the organised labour and the Federal Government “to exercise restraint and avoid creating situations that will plunge the nation into deeper crises.”
Atiku implored labour “to reconsider its stance on an industrial strike”, saying both sides “should go back to the negotiating table and reach an agreement”.
He added: “Our economy is already on its knees and escalation of this crisis into full blown industrial action may have dire consequences for our nation.”
Dr. Saraki said the government and Labour should find a common ground.
In a statement by his spokesman Yusuph Olaniyonu, Saraki said: “My appeal is for the two sides to immediately move fast, shift from their extreme positions and create a new middle ground in the negotiations for the new minimum wage.
“The shift in positions can be done even before the period of the commencement of the proposed strike action so that we do not further create tension within the economy.
“At this point, the interest of the people should be paramount in our minds. Any labour strike will cause inconvenience and discomfort to our people. While the government and labour are representing the interest of the people, it is important to also ensure we avoid any action that will not show sensitivity and sensibility to the plight of the people.”