Falana to FG: NLC’s planned strike not contempt of court…their rights should be respected

Femi Falana, human rights lawyer, says the Nigeria Labour Congress (NLC) can proceed with its proposed strike because the action does not translate to contempt of court.

On Wednesday, NLC issued a seven-day ultimatum to the federal government to reverse all “anti-poor” and “insensitive” policies.

The union said the policies include the recent hike in the price of petrol, and the sudden increase in public school fees, among others.

However, the federal government said the union is restrained by the order of the national industrial court from embarking on any strike regarding the removal of petrol subsidy.

Commenting on the issue, Falana said the decision of the workers to participate in peaceful rallies is for the interest of the masses and to protest the worsening economic crisis in the country.

In a letter addressed to B.E Jedy-Agba, permanent secretary of the federal ministry of justice, Falana said contrary to the FG’s allegation, the NLC does not intend to disobey the ex parte order of the national industrial court.

Falana said the court or any other court had not granted an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the NLC.

He argued that it is the constitutional right of workers to protest peacefully.

“It is pertinent to draw your attention to the case of Inspector- General of Police vs Nigeria People Party (2008) of where the Court 12 WRN 65, where the Court upheld the fundamental right of Nigerians to protest without police permit in the leading judgment of the Court, Justice Adekeye,” the letter reads.

“This includes 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 will occur, our criminal code has made adequate provisions for sanctions against breakdown of law and order.

“So that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.”

He added that freedom of speech and freedom of assembly are part of the democratic rights of every citizen of the country.

“Our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests,” he 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.

“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 cover for the meeting, rally or procession.”