The Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) have been given a temporary injunction preventing them from beginning their scheduled strike on Wednesday (June 7, 2023) while the motion on notice is being decided by the National Industrial Court in Abuja.
In a lawsuit with the case number NICN/ABJ/158/2023 and a date of June 5th, in which the Federal Government is named as the applicant and the NLC and the TUC as the defendants, Justice O. Y. Anuwe issued the order on Monday (June 5, 2023).
A request for “an order of interim injunction restraining the Defendants/Respondents, their members, their agents, employees, workmen, servants, proxies or affiliates from embarking on the planned Industrial Action and/or strike of any nature” was made in court on behalf of the applicant by Maimuna Lami Shiru (Mrs), DCL, Federal Ministry of Justice, along with Feyisara Titiloye (PSC) and E
Justice Anuwe used Sections 16 and 19(a) of the NIC Act 2006 as authority for the court’s ability to issue orders or provide immediate interim remedy.
The Judge stated that “the urgency enumerated in the affidavit of urgency and in counsel’s submission reveals a scenario that may gravely affect the larger society and indeed the well-being of the nation at large.”
He maintained that “the counsel has pointed out that students of Secondary Schools nationwide, especially those writing WAEC exams will be affected; the Tertiary institutions who have only just resumed after a long ASUU strike will also be affected, not leaving the health sector, amongst other sectors; and above all, the economy of the nation.”
Having considered the totality of the application, the Judge ordered 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”.
He also ordered that “the defendant/ Respondents be immediately served with the originating processes in the suit, the motion on notice and the order of the court.”
After making a decision about the application, the judge scheduled a hearing for June 19, 2023, at which time hearing notices to that effect will be served on the defendants/Respondents together with the other proceedings.