The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, has sharply criticized the call for industrial action by organized labour, labelling it as “premature, ineffectual, and illegal.”
Fagbemi’s strong disapproval follows the announcement on May 31, 2024, by the Nigerian Labour Congress (NLC) and Trade Union Congress (TUC) of an indefinite nationwide strike set to commence on June 3, 2024.
In a letter dated June 1 and addressed to the leadership of both unions, Fagbemi emphasized that ongoing negotiations between the Federal Government and other stakeholders regarding a new national minimum wage had not yet reached a conclusive stage. He stressed the necessity of considering the interests and capabilities of all employers, including the organized private sector, to ensure a fair minimum wage for the entire working population.
Citing legal provisions, Fagbemi referred to Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which require the NLC and TUC to issue a mandatory strike notice of at least 15 days. He asserted that the unions’ failure to comply with these provisions renders their planned strike action illegitimate and unlawful.
Fagbemi also questioned the legality of the proposed strike, noting that the unions had not initiated trade disputes with their employers or issued the necessary strike notices as required by law. He highlighted the criminal implications of not adhering to the 15-day notice requirement under Sections 41 and 42(1) of the Trade Disputes Act.
Drawing from International Labour Organization (ILO) principles, Fagbemi stated, “The conditions outlined by our national legislation for exercising the right to strike align with the ILO’s principles concerning the right to strike.” He emphasized the need for prior notice, conciliation, mediation, and arbitration as prerequisites for declaring a strike.
Fagbemi further pointed out that the ultimatum allegedly issued to the government by labour unions for concluding negotiations did not meet the legal requirement for a formal strike notice. He also reminded the unions of an interim injunctive order granted on June 5, 2023, restraining the NLC and TUC from any industrial action or strike, which remains binding until overturned.
In light of these legal considerations, Fagbemi urged organized labour to reconsider their position and return to the negotiation table, stressing the importance of pursuing their goals within the framework of the law.
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