No Order From Any Court Restraining Labour From Peaceful Protest — NLC

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The Nigeria Labour Congress, NLC, has told the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, that there was no order, be it interim, interlocutory or perpetual, from either the National Industrial Court or any other court restraining Nigerian workers from participating in peaceful rallies convened by it.

It also reminded the Federal Government, through the Solicitor-General, that there “is a subsisting judgement that the right to demonstrate and protest on matters of public concern was in the public interest, which individuals must possess and exercise without impediment as long as no wrongful act was done.”

The Labour Centre released this statement via a letter from Falana chambers to the Permanent Secretary/Solicitor-General, with the title ”Re-NLC in contempt of court,” signed by Sam Ogala Esq.

The letter is coming on the heels of organised labour’s proposed protest for Wednesday, August 2, over the removal of subsidy on petrol, its attendant hardship on Nigerians and the inability of the government to roll out palliatives to cushion the harsh effect of the stoppage of subsidy payment.

The letter read: “In your reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country, you were reported to have accused the leaders of Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.

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“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court to the effect that ‘The defendants/Respondents are hereby restrained from embarking on the planned industrial action/or strike of any nature, pending the hearing and determination of the Motion on Notice, dated June 5, 2023.’

“You will agree with us that the National Industrial Court or any other court has not granted an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.

“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an industrial action or strike of any nature, you ought not to have threatened our client with contempt of court.

“It is pertinent to draw your attention to the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65 where the court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgment of the court, Justice Adekeye said as follows:

“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.

Additional details from Vanguard.

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