NLC President, Comrade Abdulwaheed Omar
By Tobi Soniyi and Damilola Oyedele
Organised Labour appeared set last night to disobey the court order stopping the strike it slated for Monday to protest the removal of fuel subsidy in the country.
The National Industrial Court in Abuja restrained the Nigeria Labour Cong-ress and Trade Union Congress from going ahead with the strike.
The order emerged after the federal government through the office of the Attorney-General of the Federation brought an application before the court praying it to restrain both NLC and TUC from embarking on the strike.
But the NLC said it would continue with the industrial action despite the injunction secured by the Federal Government. The order, however, will give the Federal Government the legal power to break up the planned strike.
NLC acting General Secretary, Owei Lakemfa, described the court order as a ‘black market injunction’ which he said was a desperate attempt to stop the masses from protesting for their rights, adding that it would drag the judiciary into the mud.
Lakemfa said the NLC had not been served with any court order and that it was not invited or represented in court
He said Monday's mass protest would go on as "to obtain an injunction from a court that has no competent jurisdiction is to try playing ping pong with the judiciary."
The AGF Mohammed Adoke had given the brief to a Senior Advocate of Nigeria, Fabian Ajogwu, who was not in court to personally argue the case.
Rather, he sent a junior counsel, Mr. Mathew Echo, to argue the case.
When Echo could not argue the case properly, it took the intervention of the President of the Court, Mr. Babatunde Adejumo, to save the day.
Adejumo came to his aid when Echo could not cite an authority to back up his case.
The President of the court wondered why a SAN would entrust such a sensitive and important case to a junior.
Thereafter, the three members of the court retired to the chambers to write their ruling.
They returned to the court at 5:40 p.m. In the ruling delivered by Adejumo, the court held that it had jurisdiction to issue a restraining order because the defendants had not commenced the strike.
Adejumo said that economic activities would be adversely affected if labour was allowed to proceed with the strike.
The court therefore restrained both NLC and TUC from going on strike and from inciting anyone into embarking on strike.
He ordered the AGF to serve the court’s processes on the defendants by advertising the papers in THISDAY and two other newspapers.
The case was then adjourned to Thursday January 12.
The court, however, declined jurisdiction on two other reliefs sought to restrain the defendants from interfering with the exercise of constitutional powers of the Executive arm of government in the allocation and use of resources.
The court also refused to entertain a relief for an order restraining the defendants from interfering in any way with the Executive implementation of the 2012 Appropriation Act.
Government had argued that labour did not comply with some conditions precedent to the declaration of strike.
In a 30-paragraph affidavit of urgency deposed to by Yusuf Moka, a counsel in the AGF’s office, he averred that the removal of subsidy was not a dispute that could confer a right on the defendants or their members to embark on strike, adding that the defendants did not also raise any dispute arising from a collective and fundamental breach of contract on their part.
He further averred that the defendants had not submitted any dispute to arbitration nor served the claimant with a notice of arbitration adding that the call for strike by the defendant was made without formal declaration of a dispute relating to labour relations or employee rights.
Government therefore stated that unless the court stopped the strike the defendants would interfere with the Executive implementation of the 2012 Appropriation Act.
It also claimed that the country would lose a huge income if the strike was not stopped adding that the bilateral agreement which the country had entered into with other neighbouring countries would suffer.
Also yesterday, the NLC national headquarters was invaded by thugs numbering about 70 early Friday.
This is as Abuja residents were subjected to searches and alleged harassment by policemen who cordoned off major roads in the city especially those leading to the Eagle Square to prevent protesters from gathering in the square.
Lakemfa, in a telephone conversation with THISDAY, confirmed the invasion adding that it was done right under the nose of policemen who were searching motorists close to the Labour House.
He added that calls to the FCT Police Command were ignored.