Indefinite strike: Labour Mobilises As AGF Warns, Threatens Organised Labour Leaders With Arrest, Jail

The National Deputy President of the Trade Union Congress (TUC), Tommy Etim, on Thursday berated moves by the Federal Government to hamstring Organised Labour from embarking on an indefinite nationwide strike from Tuesday, using the courts.

Etim stated that labour leaders would not succumb to any threat by the government, noting that they were ready to go to prison in their fight for better lives for Nigerian workers.

The TUC Deputy President said this against the backdrop of the warning by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, that the  proposed strike by the Nigeria Labour Congress and TUC was in contravention of a subsisting court order restraining the unions from declaring an industrial action.

But the TUC Deputy President waved off the AGF’s warning, saying the contempt threat would not make the organised labour shelve their planned walkout, noting that the labour leaders were ready to be jailed for their convictions.

He stated: ‘’It is a threat but power belongs to the people. Let them carry all of us to the prisons. I can only answer by saying the end justifies the means. If that is what they want, let’s see what would happen on the 3rd of October. The good thing is that Nigeria is our country. If he would pack all the Nigerian people to prison, there is no problem.

‘’If the government wants to put us in prison, let them put us in prison. Going to prison is not a death sentence. After all, even a (former) president passed through the prison. Didn’t (Segun) Obasanjo go to prison? We are used to threats and it is not going to deter us, we are not cowards.

‘’We are working for the country and if the government feels it wants to put us in prison because we are working for the country, so be it. Let the end justify the means.’’

 The NLC and TUC Tuesday announced an indefinite strike with effect from October 3, 2023, to protest the alleged failure of the Federal Government to provide post-subsidy palliatives for workers and implement policies that could alleviate the sufferings of the masses after the removal of the fuel subsidy.

The unions had also directed their state chapters and affiliates to mobilise for the shutdown of critical facilities and infrastructure, including airports, seaports, electricity grids and fuel supply across the country.

The Attorney General of the Federation and Minister of Justice had had reminded organised labour to obey the June 5 order issued by the National Industrial Court stopping both the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) from going ahead with any industrial action over fuel subsidy removal and related issues.

Fagbemi, in a September 26 letter to the lawyer to the NLC and TUC, Femi Falana (SAN), said the plan by both labour bodies to embark on an indefinite strike from October 3 was a violation of the subsisting order and a disregard to the dignity and integrity of the court.

The AGF urged Falana to prevail on his clients to respect the order of the court and allow room for ongoing negotiations between parties on how to address the challenges associated with the fuel subsidy removal.

He noted that from the communique issued by the NLC after its National Executive Council meeting on August 31 and the September 26 joint communique by the presidents of the NLC and TUC, it was obvious that “the proposed strike is premised principally in furtherance of issues connected with the removal of fuel subsidy, hike in fuel price and consequential matters of making provisions for palliatives and workers welfare”.

The AGF said: “These are undoubtedly issues that have been submitted to the National Industrial Court for adjudication.

“Therefore, the proposed strike is in clear violation of the pending interim injunctive order granted on 5th June, 2023 restraining both Nigeria Labour Congress and Trade Union Congress from embarking on any industrial action/or strike of any nature, pending the hearing and determination of the pending motion on notice.”

However, the AGF in a letter addressed to the counsel to the NLC and TUC, Femi Falana, SAN, reminded them that it was as a result of the disobedience to the order that the ministry of justice filed a contempt proceeding against the labour leaders.

He added that the Ministry withdrew the suit following the intervention of President Bola Tinubu and the National Assembly.

The letter read,  “You are kindly invited to recall the antecedence of previous steps/actions on this matter, particularly the exchange of correspondence between this office and your firm, before and after the nationwide “action/protest” declared by the NLC on August 2, 2023.

“Whilst your clients had maintained that the nationwide protest by the NLC is in furtherance of its constitutional right to embark on protests, the ministry has repeatedly advised on the need to advise your clients to refrain from resorting to self-help and taking actions capable of undermining subsisting orders of a court of competent jurisdiction.

“It is also to be recalled that based on the conduct of the said nationwide action/protest, this office instituted contempt proceedings against the labour leaders. However, upon the intervention of the President and National Assembly, coupled with the decision of the labour unions to discontinue their action/protest, the contempt proceedings were not prosecuted further. This was advisedly done to enable the government and labour union to engage in further negotiations without any form of encumbrances.

“However, in its communiqué issued at the end of its National Executive Council meeting on 31st August 2023, NLC resolved to embark on a total and indefinite shutdown of the nation within 14 working days or 21 days from August 31, 2023.

‘’Also on September 26, 2023, the Presidents of NLC and TUC, jointly issued a communiqué stating that organised labour had resolved, “to embark on an indefinite and total shutdown of the nation beginning on zero hours Tuesday, the 3rd day of October, 2023.”

Meanwhile, as the day for the commencement of strike by TUC and NLC draws closer, affiliate unions have started expressing their willingness to take part in it.

One of such unions that has fully mobilised its members for the strike is NUPENG.

The president, Comrade Williams Akporeha, who made the readiness of NUPENG known, blamed the non-compliance of the federal government to agreements as the reason the union will join in the strike.

According to him, NUPENG is joining the strike because of the nonchalant attitude of the federal government towards addressing the needs of the masses.

“Further worrisome to us is the apparent lack of regards and respect to cries and yearnings of the organised labour, civil society organisations and the general public by this administration. It appears the administration is arrogantly taking the goodwill and the tolerance level of the workers and Nigerians in general for granted.

“This arrogance is demonstrated clearly and loudly by the ways and manners meetings with organised labour and outcomes of such meetings are taken with levity and disrespect,” it said.

He, therefore, announced that the rank and file of the members of the union had been directed to commence full mobilisation towards complying with the directive of the two Labour Centres to all affiliate industrial Unions to embark on a nationwide industrial action from midnight of 3rd October, 2023.

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