Femi Falana, human rights lawyer and senior advocate of Nigeria (SAN), says the Nigeria Labour Congress (NLC) and its allies have the legal right to protest against government policies that negatively affect their members.
The NLC had given the federal government a seven-day ultimatum to reverse all the “anti-people” policies that have impacted the cost of living across the country.
The labour body said it would mobilise its members and affiliate bodies across the country on August 2, if the federal government failed to hearken to its demands.
But the Nigeria Employers’ Consultative Assembly (NECA) has called for a rethink over the call by the NLC and the Trade Union Congress of Nigeria (TUC).
The body said the planned strike portends serious danger for the survival of sustainable enterprises and national development in Nigeria.
Also, on Sunday, the TUC said it will meet this week to decide on the next option to pursue in order to get the government to address its demands.
However, Falana argued that the right to demonstrate and protest on matters of public concern was in the public interest, which he stressed individuals must possess and should exercise without impediment as long as no wrongful act was done.
In a letter dated July 28 and addressed to the permanent secretary of the federal ministry of justice and solicitor general of the federation, Falana stressed that the NLC was not in contempt of any court order.
The federal government through the solicitor general had cautioned the labour union against going on strike, citing a subsisting order of the national industrial court.
But in his letter, Falana stated: “Contrary to your unwarranted allegation, the NLC does not intend to disobey the ex parte order of the National Industrial Court to the effect 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 5th June 2023.”
According to Falana, the national industrial court or any other court did not grant an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the NLC.
“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an industrial action or strike of any nature, you ought not to have threatened our client with contempt of court,” he added.
“It is pertinent to draw your attention to the case of ‘Inspector General of Police V All Nigeria Peoples Party (2008) 12 WRN 65,’ where the court upheld the fundamental right of Nigerians to protest without a police permit. In the leading judgment of the Court, Justice Adekeye said as follows:
“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.
“If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against the breakdown of law and order so that the requirement of the permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.”
Falana, further stated that freedom of speech and freedom of assembly were part of the democratic rights of every citizen of the country, adding that, “the legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”
Concerning the nationwide protest scheduled for Wednesday, Falana said having, “advised the NLC 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 “where a person or organisation notifies the police of his or its 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 meeting rally or procession will take place shall mobilise personnel to provide security to provide security cover for the meeting, rally or the procession.”
NECA, however, urged the government to, as a matter of urgency, take immediate steps to ameliorate the economic trauma being faced by workers, Nigerians and organised businesses.
It observed that many businesses have been shut down and many others are on the verge of closing down, which will exacerbate the current unemployment rate and drag many further down the poverty line.
“We strongly request that a coordinated implementation of the various pro-growth and other palliative schemes should commence, without further delay, at the federal level to complement the efforts of some state governments and organized businesses. The need for transparent communication and building of National consensus at this difficult time cannot be over-emphasised,” it said, adding that “A stitch in time saves nine.”
NECA recalled that organised businesses in Nigeria, both in the formal and informal sectors, “lost over N5 trillion due to the crass vandalisation by unscrupulous elements who hijacked the purposeful End-SARS protest in 2020,” adding that “many organisations are yet to recover from the loss incurred and many informal sector operators fatally handicapped economically.
“We re-emphasise the importance of social dialogue, a potent instrument of the ILO, and a globally accepted mechanism for dispute resolution.”
