The Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) have opted to tackle the National Industrial Court asking it to set aside its interim order that barred the unions from embarking on their planned strike in protest of the fuel subsidy removal by the Federal Government.
They are of the opinion that the case filed against them at the court was offensive and against some sections of the country’s constitution.
The court, they submitted, was not competent to hear and determine the case “as it was filed in violation of Section 17 {2} of the Trade Disputes Act, which authorizes the Minister of Labour and Employment to refer a trade dispute directly to the National Industrial Court.”
“This court as presently constituted lacks the jurisdictional competence to hear and determine the matter and or make any orders as regards the trade Dispute {subject matter of this suit} for failure to first refer the trade dispute to the Industrial Arbitration Panel as mandated by part 1 of TDA.
“The claimants suit offends the lucid provisions of Order 3 Rules 1 and 6 of the National Industrial Court Civil Procedure Rules, 2017.
They insisted that under the Trade Unions Act, the Trade Disputes Act, the ILO Convention and under several international treaties the 1st Claimant/Applicant is a signatory to, they were free to embark on strikes, adding that by virtue of Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, Nigerian workers have the fundamental right to protest against policies of the government considered inimical to their interests.
“The Plaintiffs (Federal Government) suit is lacking in bona fide, as it was filed to harass, irritate and embarrass the Defendants/Applicants, which constitutes an abuse of judicial process.
“The Claimants/Applicants suppressed material facts before this Honourable Court thereby misleading the Court to grant the exparte reliefs sought and obtained.
“In the circumstances and under established judicial authorities as well as extant Rules of this Honourable Court, the Claimants suit as presently constituted against the Defendant is liable to be dismissed or struck out for want of jurisdiction and the ex parte order set aside.”
Recall that Justice Olufunke Anuwe of the NIC had on Tuesday granted an ex-parte order stopping the NLC from proceeding on strike last Wednesday.
