NLC, TUC Proposed Industrial Strike Action, Premature, Illegal -AGF

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, on Sunday, said the call for industrial action by the organised labour “is premature, ineffectual and illegal”.

This is contained is a statement issued on Sunday by the office of the AGF.

According to the statement, Fagbemi insisted that the proposed strike action by the Nigerian Labour Congress and Trade Union Congress is also at variance with the order of the National Industrial Court and ongoing negotiations over issues connected with the minimum wage.

The AGF noted that this latest declaration of strike action by the organized labour is premature at a time when the Federal Government and other stakeholders involved in the tripartite committee on determination of a new national minimum wage had not declared an end to negotiations.

“You are aware that the Federal and State Governments are not the only employers to be bound by a new national minimum wage.

“Hence, it is vital to balance the interest and capacity of all employers of labour in the country (inclusive of organized private sector) in order to determine a minimum wage for the generality of the working population”.

The Justice Minister drew the attention of the organized labour to Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which requires both NLC and TUC to issue mandatory strike notices of a minimum of 15 days.

The AGF argued that at no time did either NLC or TUC declare a trade dispute with their employers, or issue any strike notice as required by law for such strike action to be legitimate and lawful.

“It is not in doubt that the fundamental importance of the 15-day notice is underscored by the fact that Sections 41 & 42(1) criminalize non-compliance with this requirement for a valid declaration of strike action”, Fagbemi said.

Furthermore, Fagbemi submitted that the proposed strike action is in breach of relevant conditions itemized under Section 31(6) of the Trade Unions Act (as amended).

“I wish to further draw your attention to the fact that the conditions outlined by our national legislations for exercising the right to strike are in tandem with the International Labour Organization principles conceming the right to strike.

It was the contention of the AGF that the alleged issuance of an ultimatum to the government by Labour for the conclusion of negotiations before 31st May 2024, does not satisfy the requirement of issuing a categorical and unequivocal formal notice of a strike action.

PR/Garry Ochigbo