Falana writes justice ministry, claims labor protest is legitimate

Femi Falana, a human rights attorney, says the Nigeria Labour Congress and its affiliates can go ahead with the planned strike and protest on August 2 because it is not, as the Federal Government has claimed, amounted to contempt of court.

In a letter addressed to the Ministry of Justice, Falana made this claim.

The Senior Advocate of Nigeria, who represents organized labor, asserted that no national court had ever issued a permanent injunction prohibiting Nigerian workers from taking part in nonviolent demonstrations organized by the NLC.

In a letter dated July 28, 2023, signed by Sam Ogala of Falana’s Chamber, copies of which were made available to labor correspondents on Sunday at labor house in abuja, it was noted that the constitution still protects the right to peaceful protest.

“In your response to Nigerian workers’ decision to take part in nonviolent demonstrations to voice their opposition to the nation’s deepening economic crisis, you reportedly accused the leaders of the Nigeria Labour Congress of treating the National Industrial Court’s ruling with contempt, according to the letter, which was sent to you.

Contrary to your unjustified claim, the Nigeria Labour Congress has no intention of disobeying the ex parte order of the National Industrial Court that states, in part: “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.

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You will concur with us that neither the National Industrial Court nor any other court has issued a temporary, preliminary, or permanent injunction prohibiting Nigerian workers from taking part in peaceful demonstrations organized by the Nigeria Labour Congress.

“You shouldn’t have threatened our client with contempt of court because the constitutional right of Nigerian workers to peacefully protest cannot, under any circumstance, be characterized as an industrial action or strike of any kind.

In the case of INSPECTOR-GENERAL OF POLICE v. ALL NIGERIA PEOPLES PARTY (2008) 12 WRN 65, the court upheld Nigerians’ fundamental right to protest without a police permit. Justice Adekeye stated the following in the Court’s leading decision:

“As long as no wrongdoing is committed, individuals must possess the right to demonstrate and the right to protest on issues of public concern. These rights are in the public interest and should be exercised without hindrance.

“If a breach of the peace were to occur as predicted by law enforcement officials, our criminal code has adequate provisions for penalties against the breakdown of law and order, so the need for a permit as a condition of holding meetings and rallies can no longer be justified in a democratic society.

Finally, freedom of speech and freedom of assembly are among the democratic rights guaranteed to every citizen of the republic; our legislature is required to jealously protect these rights because they form a cornerstone upon which the government itself is based.