- Orders maintenance of status quo as at May 17
The National Industrial Court (NIC) has restrained the organised labour from proceeding with its planned strike over the increase in fuel price.
NIC President, Justice Babatude Adejumo in an ex-parte ruling Tuesday also directed the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) to maintain the status quo pending the determination of the motion on notice filed by the Attorney General of the Federation (AGF), Abubakar Malami (SAN).
Justice Adejumo gave the order after listening to Malami moved an ex-parte application.
The judge said: “The defendants are hereby restrained from carrying out the threat contained in their communique issued on May 14th 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 17th May.”
Listed as plaintiffs are the Federal Government and the AGF, while the defendants are the NLC and the TUC.
Justice Adejumo 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
He added: “It is the order of this court that non 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 however announced the transfer of the case to another judge of the court for further hearing on the ground he would be engaged at the National Judicial Council and would not be able to take further proceeding on the matter.
The NIC President said he was busy at the National Judicial Council and would not be able to go ahead with the hearing.
The judge said he would prefer that the dispute be resolved amicably but that he was constrained to issue the order exparte 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.
“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,” he said.
The plaintiffs, had in the exparte application, sought an order of interlocutory injunction restraining the respondents from embarking on industrial action pending the determination of the originating summons.
They also asked for an order of interlocutory injunction retraining the respondents from demonstration or engaging in any act that may disrupt the economic activities of the nation pending the determination of the originating summons.
Malami had, while moving an exparte application, argued that it was in the national interest to stop the organised labour 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 is allowed to shut down the economy.
He said government undertook to pay the cost if the order turned out to be frivolous.
The AGF argued that the balance of convenient was in favour of the government.
He urged the court to determine: Whether the respondents have complied with the laid down condition precedent for embarking on strike; and whether there exist in law and in fact, the basis for which the respondents’ total closure of the economy could be justified.
He said that labour met on Saturday and issued a communiqué wherein it gave government a three-day ultimatum to reverse the decision increasing fuel price.
The AGF told the court that NLC had threatened to shut down the country if government failed to reverse the fuel price increase.
Malami told the court that the respondents had threatened to close down all government offices, seaport, airports and markets.
He said 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.
The AGF said that he got notice of the communique on Sunday and quickly filed an originating summons, a motion on notice and an exparte application to determine whether NLC’s decision was justified in the circumstance.
He argued that the damage would have been done should the court refuse the exparte application.
In an affidavit filed in support the motion, the AGF said: “That if the planned strike is allowed to go on, the Federal, State and Local Government will lose revenue worth billions of Naira, thereby causing untold hardship and unimaginable security problems/challenges across the country.”
He also said that labour had not complied with the laid down procedure for declaring a strike and had not given the government notice of the plan to go on strike adding that government merely became aware of the plan through publication in the media.
Malami said the Federal Government has no issue or disagreement with labour concerning the welfare or rights or condition of service with the different industrial unions and trade union congresses affiliated to NLC to warrant the threats to proceed on strike or causing a breakdown of law and order in the country from 17th May, 2016.
