THE National Industrial Court (NIC), sitting in Abuja, on Monday, June 5 granted an interim order restraining the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) from going on strike from Wednesday, as planned, pending the determination of the motion on notice.
The order, issued by Justice O. Y. Anuwe was sequel to a suit, marked NICN/ABJ/158/2023, dated June 5, in which the Federal Government is listed as the applicant and the NLC and TUC as defendants.
Appearing before the court on behalf of the applicant, Mrs. Maimuna Lami Shiru of the Federal Ministry of Justice, with Feyisara Titiloye and Ekene Elodinuo B., sought 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, pending the hearing and determination of the Claimants/Applicants’ motion on notice for interlocutory injunction.
Relying on Sections 16 and 19(a) of the NIC Act 2006, which empowers the court to make orders or grant urgent interim reliefs, 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: “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 ruling on the application, the Judge fixed June 19 for hearing of the the Motion on Notice, when hearing notices to that effect shall be served on the defendants/respondents along with the other processes.
