Labour was further restrained from embarking or inciting the general public to embark on general strikes, street protests, mass rallies or any other action that would be inimical to the economic affairs of the Federal Republic of Nigeria, pending the determination of the motion on Notice.
The restraining order was procured yesterday via an ex-parte motion by the office of the Attorney General of the Federation and Minister of Justice.
In his ruling, Justice Adejumo held: “I have gone through the motion papers and affidavit in support of the ex-parte application as well as the written address and listened to oral submissions of counsel to the applicant. Section 7 (1) (b) of the National Industrial Court (NIC) (2006], which is similar to section 254 [1] [6] of the constitution empowered this court to adjudicate over the subject matter of the ex-parte motion and Section 19 [a] of NIC permits court to make orders for grant of interim reliefs.
“Ex-parte order will be issued only if a strike is threatened and not when it started. This is a case that falls within the jurisdiction of this court. It is our view that embarking on strike would compound the problem. Therefore dialogue should be the solution. We hereby grant prayer 1 and 4 of the motion ex-parte.”
Meanwhile, a legal luminary, Mr Fred Agbaje, has carpeted the Federal Government over the injunction issued by the National Industrial Court.
Speaking to Saturday Sun, Agbaje, who described the court order as “black market injunction,” wondered what moral right the Federal Government, who disobey law, has to get a court injunction.
He said: “You are running to the court to get injunction when you have not obeyed the law yourself. The same government that tramples of people’s right went to go the court for injunction. It has suddenly realised that Nigerian is operating the rule of law, which presupposes respect for the citizenry’s right, in line with the principle of constitutionalism.
“Chapter 2 of the constitution says that all governmental policies shall have human face. Now that the government has flouted this aspect of the constitution, what temerity has the government g to go to any court to ask that an attention to be given to it by way of injunction.
“I’ m not asking that the labour should flout the law, but what I’m saying is that the man that wants the injunction does he have the locus standi. Has he performed his own aspect of the constitutional responsibility to the people? The right to association and protest is a constitutional right and no court can stop it. On that point the strike is continuing on Monday, irrespective of any “black market” court injunction. It is usually the approach of government when they push Nigerians to the wall to rush to the nearest court and use the instrumentality of the court to suppress public agitation.”
Source: The sun news
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