The National Industrial Court
has stopped the Nigerian Labour Congress and the Trade Union Congress
from embarking on strike to protest last week’s increase in fuel price
by the federal Government.
Justice Babatunde Adejumo gave
the restraining order after the Attorney General of the Federation,
Justice Adejumo, held: “The defendants are hereby restrained from
carrying out the threat contained in their communique issued on May 14th
pending the hearing and determination of the motion on notice filed on
May 16.
“It is the order of this court that status quo be maintained as at 17th May.”
He also ordered that the processes in the case be served on the respondents within 24 hours and that proof of service be filed in the court
“It is the order of this court
that non of the parties shall engage in any act, conduct, overtly,
covertly on this matter pending the hearing and determination of the
motion on notice,” Justice Adejumo further held.
The judge transferred the case
to another judge of the court saying that he would be engaged at the
National Judicial Council and would not be able to take further
proceeding on the matter.
The judge said he was busy at the National Judicial Council and would not be able to go ahead with the hearing.
Adejumo said that he preferred
that the dispute be resolved amicably but that he was constrained to
issue the order exparte because the respondents were not yet before him.
He also said that he granted the order to make sure that people were not subjected to avoidable hardship.
He said:”I decided to take
this case this morning because it is on an issue that will affect
everybody. I don’t want people to be subjected to hardship. There will
be sacricity of foods, people may die, students will engage in all sorts
of activities. This is why I have to grant this order.”
The order will lapse in seven days except it is renewed.
Malami, while moving an
exparte application said it was in the national interest to stop NLC
from shutting down the nation over last week’s increase in price of
fuel.
He cited Section 14 of the 1999 Constitution as amended to justify his application to stop the strike.
Malami argued that no amount of damages could serve as compensation if NLC is allowed to shut down the economy.
He further argued that the balance of convenient was in favour of the government.
The minister asked the court to determine:
Whether the respondents (NLC,
Trade Union Congress) have complied with the laid down condition
precedent for embarking on strike.
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