Strike: Fagbemi Urges Labour to Return to Negotiating Table 

* Says proposed strike premature, illegal

Alex Enumah in Abuja 

The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), has advised the organized labour against its planned nationwide strike, slated to commence from Monday June 3.

Fagbemi, who described the move by the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) as “premature”, advised that the aggrieved labour leaders return to the negotiation table with the federal, state governments and other employers of labour, so as to, “avoid foisting avoidable hardships on the generality of Nigerians”.

The AGF’s position was contained in a letter to the presidents of the NLC and TUC, dated June 1 and sighted on June 2, by THISDAY.

“My attention has been drawn to statement made on May 31, 2024, by the leadership of the NLC and TUC declaring an indefinite nation-wide strike action from June 3, 2024. 

“I wish to note that this latest declaration of strike action by 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 negotiation,” the letter read in part.

He urged the striking workers to be mindful of the fact that the federal and state governments were 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).

The organized labour had threatened a showdown with the government over the refusal of the latter to agree to a new proposed wage bill for workers, as well as reversal of the increase tariff on electricity.

But dissuading the labour leaders from commencing with the strike on Monday, the Federal Government pointed out that Sections 41(1) and 42(1) of the Trade Disputes Act 2004 as amended, 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.

In addition, he pointed out that the proposed strike by labour is also at variance with the order of the National Industrial Court (NIC) and ongoing mediators’ settlement efforts over issues connected with the subject matter of the order.

Moreso, the AGF called to question the legality or legitimacy of the proposed strike by the fact that both NLC and TUC failed to comply with the statutory condition precedent (dispute resolution procedures) provided for under Section 18(1)(a) of the Trade Disputes Act 2004 (as amended).

Fagbemi also submitted that the proposed strike 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 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 in the letter.

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

“While the government assures that it will continue to adopt a conciliatory approach to resolving matters pertaining to workers and citizens welfare in the spirit of collective bargaining, I would like to urge you to kindly reconsider the declaration of strike action and return to the ongoing negotiation meetings which has been adjourned to a date that would be communicated to parties. 

“This would be a more civil and patriotic approach and will enable your congress pursue its cause within the ambit of the law and avoid foisting avoidable hardships on the generality of Nigerians, which this proposed industrial action is bound to cause,” the letter added.

Meanwhile, a copy of the letter was sent to the Secretary to the Government of the Federation, Chief of Staff to the President, Minister of labour and Employment, National Security Adviser, Inspector General of Police, and Director General, State Security Service.