From Godwin Tsa, Abuja
National Industrial Court (NIC) has restrained TUC and NLC from embarking on tomorrow’s strike.
The decision of the court arose from an ex-parte motion dated June 5 and filed by the office of the Attorney General of the Federation.
In granting the prayers sought by the Federal Government, Justice O.Y. Anuwe said the order shall remain valid pending the hearing and determination of the motion.
The motion was moved and argued by Mrs.Maimuna Lami Shiru, director of Civil Litigation, Federal Ministry of Justice, Abuja.
Justice Anuwe explained that her action was informed by the argument by the Federal Government’s lawyer that the strike, if allowed, will occasion incalculable damage on the nation.
She said: “Having therefore considered the totality of this application, I make the following orders: 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. It is ordered that the defendant/ respondents be immediately served with the originating processes in this suit, the motion on notice and the order of this court hereby made. The motion on notice is hereby fixed for hearing for 19th June 2023. Hearing notices to that effect shall be served on the defendants/respondents along with the other processes.”
The suit marked: NCIN/ABJ/158/2023 has as defendants, the NLC and TUC, while the Federal Government of Nigeria and the AGF are listed as claimants.
Justice Anuwe, in the ruling, said the applicants pointed out that the proposed strike action is capable of disrupting economic activities, in the health and educational sector. She said by Section 7(b) of the National Industrial Court (NIC) Act 2006, her court is empowered and indeed is clothed with exclusive jurisdiction in matters relating to the grant of any order to restrain any person or body from taking part in any strike, lock out or any industrial action or any conduct in contemplation or in furtherance of strike, lock out or any industrial action.
“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. In my view, this is a situation of extreme urgency that will require the intervention of this court,” Anuwe said.