The Nigeria Labour Congress has declared that it will proceed with its strike action scheduled to begin on August 2nd.
The NLC has informed the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, that there is no court order prohibiting Nigerian workers from participating in peaceful rallies.
They also reminded the Federal Government that there is an existing judgment affirming the right to demonstrate and protest on public concerns as long as no wrongful act is committed.
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The letter from Falana chambers, titled “Re-NLC in contempt of court” and signed by Sam Ogala Esq, highlights these points in response to the proposed protest on August 2nd concerning the removal of petrol subsidy and its impact on Nigerians without sufficient government palliatives.
“In your reaction to Nigerian workers’ decision to participate in peaceful rallies to protest the country’s worsening economic crisis, you were reported to have accused the leaders of the Nigeria Labour Congress of treating the order of the National Industrial Court with contempt,” the letter read.
“Contrary to your unfounded allegation, the Nigeria Labour Congress does not intend to defy the National Industrial Court’s ex parte order stating 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 issued an order restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.”
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“Because the constitutional right of Nigerian workers to protest peacefully cannot be classified as any kind of industrial action or strike, you should not have threatened our client with contempt of court.”
“It is important to draw your attention to the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65, in which the court upheld Nigerians’ fundamental right to protest without a police permit.” Justice Adekeye stated in the court’s leading decision as follows:
“The right to demonstrate and protest on matters of public concern are rights that are in the public interest and that individuals must have, and which they should exercise freely as long as no wrongful act is committed.”
“If, as law enforcement agents speculate, a breach of the peace occurs, our criminal code has adequate provisions for sanctions against a breakdown of law and order, so that the requirement of a permit as a conditionality for holding meetings and rallies can no longer be justified in a democratic society.”
“Finally, freedom of expression and freedom of assembly are democratic rights of every citizen of the republic; our legislature must jealously guard these rights as they are part of the foundation upon which the government itself rests.”
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“After advising the Nigeria Labour Congress and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020, which states that ‘where a person or organisation notifies the police of his or her intention to hold a public meeting, rally, or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the public has access, the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security cover for the meeting, rally or procession.
