Nigerian Government Moves Against Organised Labour Over Failure To Issue 15-Day Strike Notice
The Federal Government of Nigeria has condemned the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) for their “premature, illegal, and irresponsible” declaration of an indefinite nationwide strike.
The strike commenced today (Monday), June 3, 2024.
Lateef O. Fagbemi, the Attorney-General of the Federation and Minister of Justice, rebuked the unions in a strongly-worded statement released on June 1, 2024 and titled ‘Re: Proposed Strike Action By Nigerian Labour Congress (NLC) And Trade Union Congress (TUC)’.
Fagbemi accused the unions of acting hastily, stating, “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 determining a new national minimum wage had not declared an end to negotiation.”
He emphasized that both federal and state governments are not the only employers affected by the new wage, and the interests of all employers, including the organized private sector, must be balanced.
Highlighting legal violations, Fagbemi pointed out that the NLC and TUC failed to issue the mandatory 15-day strike notice as required under Sections 41(1) and 42(1) of the Trade Disputes Act 2004.
“It is pertinent to observe 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,” he declared, underscoring that non-compliance with these requirements constitutes a criminal offence.
Further attacking the unions’ decision, Fagbemi noted that they ignored statutory dispute resolution procedures and failed to meet conditions set by the Trade Unions Act.
“The proposed strike action is also in breach of relevant conditions itemized under Section 31(6) of the Trade Unions Act,” he added.
The Attorney-General also invoked international standards, asserting that the unions’ actions contradict International Labour Organization (ILO) principles.
“The alleged issuance of an ultimatum to the government by labour for the conclusion of negotiations before 31 May 2024 does not satisfy the requirement of issuing a categorical and unequivocal formal notice of strike action,” he argued.
Moreover, Fagbemi reminded the unions of the ongoing mediatory efforts and the binding interim injunctive order from the National Industrial Court restraining any industrial action. He referenced SUIT NO: NICN/ABJ/158/2023, noting that the order remains in effect.
He also recalled the Memorandum of Understanding (MOU) signed in October 2023 after the fuel subsidy removal, in which the government and labour unions agreed on several ameliorative measures and committed to “the dictates of social dialogue.”
Fagbemi however urged the unions to reconsider their strike declaration and return to the negotiation table, warning of the avoidable hardship the industrial action would impose on Nigerians. “This would be a more civil and patriotic approach,” he urged.
