NIGERIA: Court restrains government from Investigating NLC warning strike

Nigeria Labor Congress don declares a warning strike. [Image: courtesy]
Nigeria—The National Industrial Court in Nigeria has ordered an injunction stopping the Kaduna State government or any of its representatives from investigating the warning strike and industrial actions staged by the Nigeria Labor Congress (NLC) between May 16 and May 19, 2021 in the state.

It’s an order of Interim mandatory injunction given by Justice Obaseki Osaghae of the NIC, following a motion ex-parte sought by the NLC to halt the judiciary of Inquiry set up by the government from investigating the industrial actions.

According to the court the action was taken after reading the application and affidavit in support of the motion ex-parte sworn to by Comrade Benson Upah for the NLC, and after listening to Femi Falana’s submissions.

While granting the order, Osaghae said. “An order of interim injunction restraining the third defendant (Kaduna State Judicial Commission of Inquiry) as constituted by the first defendant (Kaduna State Government) or by whosever else the Judicial Commission might hereafter be variously presided over, or otherwise constituted from inquiring into, deliberate upon, investigate, or form further inquiry into deliberating upon, investigating, procuring evidence.

“Whether by compelling the attendance before it (by issuance of witness summons or warrants of arrest, or however otherwise), members of the first claimant/applicant or other members or render assistance to the third defendants in its inquiries deliberations determinations, investigations.

“In relation to the activities of the first claimants of May 19, 2021 or any other related activity of the first claimant arising there from or connected thereto, until the determination of the applicant’s motion of the interlocutory injunction.”

The NIC also granted an order of interim injunction restraining the third defendant from giving effect to or acting pursuant to the powers contained in the terms of reference of the third defendant dated July 6, 2021, as set up by the first defendant under the commissions of inquiry law (Cap 34) laws of Kaduna state of Nigeria.