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The Nigerian Labour Congress (NLC) has issued a response to the federal government’s assertion that a court order prohibits the group from holding protests. In a letter addressed to the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, the NLC clarified that neither the National Industrial Court nor any other court has granted an order of interim, interlocutory, or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.
The NLC stated:
“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court, which states that ‘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 June 5, 2023.’
“You will agree with us that the National Industrial Court or any other court has not granted an order of interim, interlocutory, or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the Nigeria Labour Congress.
“Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an industrial action or strike of any nature, you ought not to have threatened our client with contempt of court.”
The NLC went on to cite the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65, wherein the court upheld the fundamental right of Nigerians to protest without a police permit. The court emphasized that the right to demonstrate and protest on matters of public concern are in the public interest and are rights that individuals must possess and exercise without impediment as long as no wrongful act is committed.
The NLC emphasized that freedom of speech and freedom of assembly are essential democratic rights of every citizen and must be protected by the government. They urged the government to safeguard these rights, as they form the foundation upon which the government itself rests.
Addressing the government’s concerns about maintaining peace during protests, the NLC suggested that the Nigeria Police Force should comply with section 83(4) of the Police Establishment Act 2020. This section mandates the police to provide security cover for public meetings, rallies, or processions if notified in advance by individuals or organizations holding such events.
In conclusion, the NLC reaffirmed its commitment to conducting peaceful rallies and urged the government to respect and protect the democratic rights of Nigerian workers to express their grievances through peaceful protests. They called for cooperation between the government and the NLC to ensure that protests are carried out peacefully without any breach of the law or public order.
