…as AG warns Labour Union, says action is illegal
The meeting between the National Assembly and the Labour Unions which was presided over by Senate President Godswill Akpabio and House of Representatives Speaker Tajuddeen Abbas, ended in a deadlock.
The meeting was aimed at persuading labour to shelve its planned strike action over minimum wage demands. The strike action is slated to hold today.
The TUC President, Festus Osifo, stated that the strike will commence as planned, pending discussions with their organs. This despite the fact that, the leadership of the Senate,other government officials had appealed to them to shelve the planned strike action
“The Senate President appealed to us to call off the strike. But we can’t sit here and call off the strike because we have others organs. We will take the appeals to our various organs.
“We don’t have the powers to call off the strike action. For now, the strike action will commence, while we discuss with our organs,” Osifo told newsmen after the meeting.
The meeting was attended by top government officials, including the Secretary to the Government of the Federation, Minister of Finance, and Minister of Budget and National Planning.
Meanwhile, aviation unions have already announced their intention to join the strike and the withdrawal of services at airports.
Already, the Federal Government of Nigeria has described the warning strike declared by the organised Labour as “premature, ineffectual and illegal”.
The organised Labour made up of the Trade Union Congress (TUC) and Nigeria Labour Congress, (NLC) had declared an indefinite strike over the new minimum wage following failure to reach an agreement with the FG.
However, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, on Sunday, insisted that the proposed strike action by the Labour Unions is also at variance with the order of the National Industrial Court and ongoing mediators settlement efforts over issues connected with the subject matter of the order.
The AGF noted that this latest declaration of strike action by organized labour is premature at a time when the Federal Government and other stakeholders involved in the tripartite committee on determination of a new national minimum wage had not declared an end to negotiation.
“You are aware that the Federal and State Governments are not the only employers to be bound by a new national minimum wage.
“Hence, it is vital to balance the interest and capacity of all employers of labour in the country (inclusive of organized private sector) in order to determine a minimum wage for the generality of the working population” Fagbemi stated.
The Justice Minister drew the attention of the organized labour to Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which requires both NLC and TUC to issue mandatory strike notices of a minimum of 15 days.
The AGF argued that at no time did either NLC or TUC declare a trade dispute with their employers, or issue any strike notice as required by law for such strike action to be legitimate and lawful.
“It is not in doubt that the fundamental importance of the 15-day notice is underscored by the fact that Sections 41 & 42(1) criminalize non-compliance with this requirement for a valid declaration of strike action, Fagbemi said.
More so, the AGF called to question, the legality or legitimacy of the proposed strike action by the fact that both NLC and TUC failed to comply with the statutory condition precedents (dispute resolution procedures) provided for under Section 18(1)(a) of the Trade Disputes Act 2004 (as amended).
Furthermore, Fagbemi submitted that the proposed strike action is in breach of relevant conditions itemized under Section 31(6) of the Trade Unions Act (as amended).
“I wish to further draw your attention to the fact that the conditions outlined by our national legislations for exercising the right to strike are in tandem with the International Labour Organization principles concerning the right to strike.
“It is the position of the ILO Committee on Freedom of Association that the obligation to give prior notice, obligation to have recourse to conciliation, mediation and (voluntary) arbitration procedures in industrial disputes, etc are prior prerequisites for declaring a strike, the AGF said in a statement.
It was the contention of the AGF that the alleged issuance of an ultimatum to the government by Labour for the conclusion of negotiations before 31st May 2024, does not satisisfy the requirement of issuing a categorical and unequivocal formal notice of strike action.
In addition, Fagbemi reminded the organized labour of the pendency of the interim injunctive order granted on 5th June 2023, in suit no: NICN/ABJ/158/2023; Federal Government of Nigerian & anor V. Nigeria Labour Congress & anor, which order restrained both Nigeria Labour Congress and Trade Union Congress from embarking on any industrial action/or strike of any nature.
“This order has neither been stayed or set-aside. Therefore, it remains binding on the labour unions, Fagbemi said.
A meeting between the National Assembly leadership and the Nigeria Labour Congress and Trade Union Congress has ended without a resolution, paving the way for a nationwide strike on Monday.
