According to him, after withdrawing the contempt proceedings against the NLC and TUC for their protest on August 2, 2023, the Federal Government’s subsequent threat of contempt against the NLC for organising another protest on February 27 and 28, 2024, to protest the rising cost of living, appears contradictory and inconsistent.
He contended that the proposed public protest of the NLC is not contemptuous of the two ex parte orders of the National Industrial Court.
In a letter dated February 24, 2024, addressed to the Minister of Justice and the Attorney General of the Federation, Lateef Fagbemi (SAN), Falana insisted that the issue of contempt does not arise as the NLC had challenged the jurisdiction of the National Industrial Court to entertain the substantive case.
The letter partly read, “Even though the parties signed a 16-point memorandum of understanding, the Federal Government did not implement all the terms of the agreement. Hence, on August 2, 2023, both NLC and TUC held a peaceful protest throughout the country.
“Instead of implementing the Agreement, the Federal Government initiated contempt proceedings against the NLC and TUC at the National Industrial Court. We challenged the competence of the contempt proceedings. However, the Federal Government turned around to withdraw the application for contempt.
“On November 10, 2023, the Federal Government filed another Suit, No NICN/ABJ/322/2023 between Federal Government of Nigeria & Anor. at the National Industrial Court against the NLC and TUC, notwithstanding the pendency of Suit No. Suit No NICN/ABJ/158/2023.
“On that same day, the President of the National Industrial Court, the Honourable Justice Benedict Kanyip granted an ex parte order to restrain the NLC and TUC from embarking on the planned strike. However, His Lordship directed that the case file be transferred to Justice Olufunke Yemi Anuwe who is handling a similar labour dispute between the same parties.
“Both NLC and TUC challenged the competence of the fresh suit on the ground that it constitutes a gross abuse of court process, inter alia. The application has not been heard and determined by the National Industrial Court.
“Having withdrawn the contempt proceedings filed against the NLC and TUC for embarking on public protest on August 2, 2023, you ought not to have threatened the NLC with contempt of court over its plan to hold rallies from February 27-28, 2024 against the astronomical cost of living in the country.
“We submit, without any fear of contradiction, that the proposed public protest of the NLC is not contemptuous of the two ex parte orders of the National Industrial Court. In particular, the issue of contempt does not arise as the NLC has challenged the jurisdiction of the National Industrial Court to entertain the substantive case. ”
Falana also claimed that the Industrial Court never barred the TUC and NLC from exercising their fundamental rights to freedom of expression to protest against the hardship in the country.
Besides, he said the judgement of the apex court in the case between the Inspector General of Police and All Nigeria Peoples upheld the fundamental right of Nigerians to protest on matters of public interest without a police permit.
Falana said, “It is further submitted that the National Industrial Court has not restrained the members of the NLC from exercising their fundamental rights to freedom of assembly and freedom of expression to protest against the excruciating economic pains being experienced by the masses.
“In the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65, the Court of Appeal upheld the fundamental right of Nigerians to protest on matters of public interest without a police permit. In the leading judgment of the Court, Olufunmilayo Adekeye JCA (as she then was).”
Falana noted that he had advised the NLC to go ahead with the proposed protest in a peaceful manner, urging the AGF to ensure the IGP provides adequate security for the protesters.
“While we have advised the members of the NLC to conduct the rallies scheduled for February 27-28, 2024 in a peaceful manner, we urge you to use your good offices to direct the Inspector-General of Police to provide adequate security to the conveners and participants in the protest in line with the provisions of Section 83(4) of the Police Establishment Act. ”
Falana noted that the NLC and TUC adhered to the June 2023 order that prohibited them from engaging in industrial action, adding that they filed an application to challenge the court’s jurisdiction and sought a stay of execution pending the resolution of the motion.
He said, “It would be recalled that following the removal of fuel subsidy by President Bola Ahmed Tinubu on May 29, 2023, the Federal Government commenced negotiations with the NLC and the TUC as the subsidy removal policy had brought untold hardship to Nigerians.
“While the negotiations were in progress, the Federal Ministry of Justice rushed to the National Industrial Court to file Suit No NICN/ABJ/158/2023 between Federal Government of Nigeria & Anor. v Nigeria Labour Congress & Anor in respect of the same issues. On June 5, 2023 the Honourable Justice Yemi Anuwe granted the application of the Federal Government for an ex parte order to restrain the NLC and TUC from embarking on strike against the removal of fuel subsidy.
“Although both the NLC and TUC complied with the ex parte order, they promptly filed an application to set aside same for want of jurisdiction. They equally asked for a stay of execution of the order ex parte pending the determination of the motion. The application to set aside the ex parte order filed by the Defendants and the motion for interlocutory injunction filed by the Claimants have not been considered as parties resolved to settle the case out of court.”
The PUNCH reports that Falana’s letter was in response to the one earlier written by the AGF, urging him to prevail on the NLC and TUC to shelve the proposed nationwide protest.
Fagbemi had in his letter noted that embarking on the protest would amount to contempt as there was a subsisting order of court restraining the organised labour from embarking on any industrial action.
The NLC had on February 16, 2024, a nationwide protest scheduled for February 27 and 28, 2024, in response to the economic challenges facing the country.
This decision came after the 14-day ultimatum issued to the federal government regarding the widespread hardship elapsed.
