The Nigeria Labour Congress, NLC, has notified the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, that there are no orders, whether interim, interlocutory, or perpetual, from the National Industrial Court or any other court, that prohibit Nigerian workers from taking part in peaceful protests mustered by the NLC.
The NLC reiterated its stance to the Federal Government, through the Solicitor-General, underscoring the presence of a valid judgment that recognises the rights of individuals to demonstrate and protest on matters of public concern.
These rights are considered to be in the public interest and should be freely exercised by individuals as long as no wrongful acts are committed.
The message was put forth by the Labour Centre in a formal letter drafted by the Falana Chambers and sent to the Permanent Secretary/Solicitor-General. The correspondence, under the title ‘Re-NLC in contempt of court,’ bore the signature of Sam Ogala, Esq.
With the labour organisation preparing for a protest on Wednesday, August 2, the letter was written to raise awareness about the removal of petrol subsidy, its adverse effects on Nigerians, and the government’s inability to introduce palliative measures to alleviate the hardships stemming from the subsidy payment discontinuation.
Read also: NLC: Our Planned Strike Is To Rescue Nigerians – Ajaero
The letter partly reads, ‘In your reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country you were reported to have accused the leaders of the Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.’
‘Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court to the effect that “The defendants/Respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the Motion on Notice dated 5th June 2023.’
‘You will agree with us that the National Industrial Court or any other Court has not granted an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.’
‘Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an Industrial action or strike of any nature, you ought not have threatened our client with contempt of court.’
‘It is pertinent to draw your attention to the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 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 said as follows:
‘If as speculated by law enforcement agents that breach of the peace would 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. Finally, freedom of speech and freedom of assembly are part of democratic rights of every citizen of the republic; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.’
‘Having advised the Nigeria Labour Congress 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, which “where a person or organization 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 mobilize personnel to provide security to provide security cover for the meeting, rally or the procession.’
Earlier on, the NLC had publicly announced their plan to embark on a protest, citing the fuel subsidy removal and the adverse impact it has on the citizen as a focal point. They demanded decisive measures to counteract the adverse effects that have burdened the population.