The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi SAN, has cautioned organised labour from embarking on an industrial action, describing such as “premature, ineffectual, and illegal.”
Fagbemi’s stern rebuke comes in response to the announcement made on May 31, 2024, by the leadership of the Nigerian Labor Congress, NLC, and Trade Union Congress, TUC, declaring an indefinite nationwide strike action from June 3, 2024.
Highlighting the demerits of the position of labour, Fagbemi in a letter dated June 1 addressed to the leadership of the TUC and NLC, emphasized that negotiations between the Federal Government and other stakeholders on determining a new national minimum wage are yet inconclusive.
He underscored the importance of considering the interests and capacities of all employers, including the organized private sector, in setting a minimum wage that benefits the entire working population.
Drawing attention to legal provisions, Fagbemi cited Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which mandate both NLC and TUC to issue mandatory strike notices of at least 15 days.
He argued that the failure of the labor unions to comply with these provisions renders their strike action illegitimate and unlawful.
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Furthermore, Fagbemi questioned the legality of the proposed strike action, pointing out that the labor unions had not initiated trade disputes with their employers or issued any strike notices as required by law.
He emphasized the gravity of non-compliance with the mandatory 15-day notice, highlighting the criminality of such action under Sections 41 and 42(1) of the Trade Disputes Act.
“I wish to further draw your attention to the fact that the conditions outlined by our national legislation for exercising the right to strike are in tandem with the International Labor 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.
Regarding the alleged ultimatum issued to the government by labor for the conclusion of negotiations, Fagbemi asserted that it did not meet the requirement of issuing a formal notice of strike action.
In addition, Fagbemi reminded the organized labor of the interim injunction granted on June 5, 2023, which restrained both NLC and TUC from embarking on any industrial action or strike. He emphasized that the order remains binding on the labor unions until overturned.
In light of these legal considerations, Fagbemi urged the labor to reconsider its stance and return to the negotiation table, emphasizing the importance of pursuing its cause within the bounds of the law.
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