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Court Halts NLC, TUC from Commencing November 14 Strike.

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Ochili Michael

In response to the recent assault on the national president of the Nigeria Labour Congress (NLC), Joe Ajaero, in Imo State, the unions threatened to embark on a nationwide strike. However, the National Industrial Court (NIC) has intervened and restrained the NLC, the Trade Union Congress (TUC), and their affiliates from carrying out any form of strike or industrial action.

President of the Court, Justice Benedict Kanyip, issued the restraining order following an ex-parte application brought before the Court by the Federal Government of Nigeria and the Attorney General of the Federation and Minister of Justice. The order, based on Sections 17 and 19 of the National Industrial Court Act, aims to prevent the planned strike action.

The Federal Government and the Attorney General, represented by their lawyer Tijani Gazali, argued that the strike action would inflict untold hardships on innocent law-abiding citizens and their businesses. Gazali drew the court's attention to a series of hardships suffered by Nigerians and expressed concerns about a potential breach of peace and tranquility in the country if the strike were to proceed.

In a brief ruling, Justice Kanyip emphasized the court's authority to intervene through a restraining order to maintain peace and tranquility. The judge granted all the requests made by the Federal Government in the motion paper.

As part of the order, Justice Kanyip directed that the restraining order be displayed on the wall of the Labour House, which serves as the last known address of the two defendants, to ensure their awareness of the court's position. Additionally, the order, along with the originating and other relevant documents, will be published in two major national newspapers and served on the defendants.
The case file has been transferred to Justice Olufunke Yemi Anuwe, who is handling similar labor dispute-related matters between the same parties. Justice Anuwe, as the Court President, will issue a hearing notice to the parties at the appropriate time.

The court's intervention comes as a temporary relief for the Federal Government, the Attorney General, and the citizens who would have been affected by the strike. The case will now proceed under the jurisdiction of Justice Anuwe, who will determine the outcome of the labor dispute.

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