FALANA CLAIMS THAT THE NLC’S PLANNED DEMONSTRATION AND STRIKE ARE LEGAL.

Tunji Wusu

Human rights lawyer Femi Falana says the Nigeria Labour Congress and its affiliates can go forward with their scheduled strike and protest on August 2, because the action does not constitute contempt of court.
This is mentioned in a letter marked “Re- NLC in Contempt of Court” and submitted to the Permanent Secretary/Solicitor-General, Federal Ministry of Justice on July 28 by Sam Ogala of Falana Falana Chambers, solicitors to the NLC.

According to the Senior Advocate of Nigeria, Nigerian workers’ decision to engage in peaceful protests is in the interest of the masses and to oppose the country’s deteriorating economic crisis.

“You were reported to have accused the leaders of the Nigeria Labour Congress of contemptuously disregarding the order of the National Industrial Court.”

“Contrary to your unfounded allegation, the Nigeria Labour Congress does not intend to defy the National Industrial Court’s ex parte order.”

“And to the extent that “the defendants/respondents are now restrained from commencing the planned Industrial Action/or strike of any kind, until the hearing and resolution of the Motion on Notice dated June 5.”

Falana went on to say that neither the National Industrial Court nor any other court had issued an order of interim, interlocutory, or permanent injunction prohibiting Nigerian workers from participating in peaceful marches called by the NLC.

He claimed that it was the fundamental right of Nigerian workers to protest peacefully and that it could not be considered an industrial action or strike of any kind.

“It is pertinent to draw your attention to the case of Inspector-General of Police vs Nigeria People Party (2008), where the Court 12 WRN 65 upheld the fundamental right of Nigerians to protest without police permit in the Court’s leading judgment, Justice Adekeye.”

“This includes the right to demonstrate and the right to protest on matters of public concern, which are rights that are in the public interest and that individuals must possess and should exercise freely as long as no wrongful act is committed.”

“If, as law enforcement agents speculate, a breach of the peace occurs, our criminal code has adequate provisions for sanctions against a breakdown of law and order.”

“As a result, in a democratic society, the requirement of a permit as a condition for holding meetings and rallies can no longer be justified.”