The National Industrial Court on Monday declared that the
order restraining the Nigeria Labour Congress, NLC, and Trade Union Congress,
TUC, from embarking on their planned industrial action subsists.
Justice Olufunke Anuwe stated that the order, as granted on
June 5, subsists pending the hearing and determination of the motion on notice.
The court, in addition, ordered that parties maintain the
status quo and adjourned the matter until July 20 for hearing.
Earlier, when the case was called, the Federal Government’s
counsel, Mr Ochum Emmanuel, informed the court that the matter was slated for
Monday for the claimant to take its motion on notice for an interlocutory
injunction to restrain the defendants from embarking on strike.
He added that he was ready to proceed with his application
as the defendants had been served.
Mr Marshall Abubakar, the defendants’ counsel on his part,
however, replied that they had filed an application praying the court to set
aside its order granted on June 5, restraining his clients from embarking on
strike.
Abubakar further submitted that the claimant was served the
application on June 8, only for them to turn around and serve on them a
counter-affidavit on Monday in court.
He added that the claimant filed the counter-affidavit on
June 16 and instructed the bailiff not to serve them until Monday in court.
The court enquired if the defence was properly served before
the court, Abubakar responded that he was not certain, but that he will find
out and do the needful.
He also prayed for a short adjournment in order to look at
the counter-affidavit and respond.
Emmanuel, in response, opposed Abubakar’s application for
adjournment and urged the court to allow him to take his motion on notice which
was slated for hearing.
The counsel also reiterated that the federal government
would never file a process and instruct any bailiff not to serve the other
party.
He argued that it was probably because he filed the
processes late on June 16 that made the bailiff serve defence counsel in court
on Monday.
Emmanuel, in his submission, equally averred that the
defendants were not properly before the court as they had not filed their
memorandum of appearance but only came to urge the court to vacate the order it
granted on June 5.
He stated that the defendants being not properly before the
court cannot seek an adjournment.
In addition, he submitted that if the court should deem it
fit to grant Abubakar’s application for an adjournment, the court should
equally declare that the order restraining the defendants from embarking on
strike granted on June 5 subsist.
In his reply, Abubakar submitted that Emmanuel’s application
was not necessary as the court had earlier stated that parties should maintain
status quo pending the hearing and determination of the substantive suit.
He also informed the court that parties were meeting later
on Monday to try and resolve the issue.
The court, in its ruling, granted the application for
adjournment, directed the defendants to enter their memorandum of appearance
and instructed parties to maintain the status quo.
From facts, the defendants had planned to embark on a
nationwide strike on June 7 to protest the fuel subsidy removal that brought
about the new pump price for the Premium Motor Spirit.
The federal government had therefore instituted the suit to
stop the defendants, stating that the proposed strike may gravely affect the
larger society and the well-being of the nation at large.
The claimant, in addition, stated that the strike is capable
of disrupting economic activities that will affect especially the health and
the educational sector.
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