The Nigeria Labour Congress, NLC, has told the
Solicitor-General of the Federation and Permanent Secretary, Ministry of
Justice, that there is no order, be it interim, interlocutory or perpetual,
from either the National Industrial Court or any other court restraining
Nigerian workers from participating in peaceful rallies convened by it.
It also reminded the Federal Government, through the
Solicitor-General, that there is a subsisting judgement that the right to
demonstrate and protest on matters of public concern was in the public
interest, which individuals must possess and exercise without impediment as
long as no wrongful act was done.
The Labour Centre stated these via a letter from Falana
chambers to the Permanent Secretary/Solicitor-General, with the title ”Re-NLC
in contempt of court,” signed by Sam Ogala Esq.
The letter is coming on the heels of organised labour’s proposed protest for Wednesday, August 2, over the removal of subsidy on petrol, its attendant hardship on Nigerians and the inability of the government to roll out palliatives to cushion the harsh effect of the stoppage of subsidy payment.
The letter read: “In your reaction to the decision of
Nigerian workers to participate in peaceful rallies to protest the worsening
economic crisis in the country, you were reported to have accused the leaders
of Nigeria Labour Congress of treating the order of the National Industrial
Court with contempt.
“Contrary to your unwarranted allegation, the Nigeria Labour
Congress does not intend to disobey the ex parte order of the National
Industrial Court to the effect 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.
“It is pertinent to draw your attention to the case of
Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65 where
the court upheld the fundamental right of Nigerians to protest without police
permit. In the leading judgment of the court, Justice Adekeye said as follows:
“The right to demonstrate and the right to protest on
matters of public concern are rights which are in the public interest and that
which individuals must possess, and which they should exercise without
impediment as long as no wrongful act is done.
“If as speculated by
law enforcement agents that breach of the peace would occur, our criminal code
has made adequate provisions for sanctions against breakdown of law and order
so that the requirement of permit as a conditionality to holding meetings and
rallies can no longer be justified in a democratic society.
”Finally, freedom of speech and freedom of assembly are part
of democratic rights of every citizen of the republic; our legislature must
guard these rights jealously as they are part of the foundation upon which the
government itself rests.
“Having advised the Nigeria Labour Congress and its allies
to conduct the rallies peacefully, you may wish to advise the Nigeria Police
Force to comply with section 83(4) of the Police Establishment Act 2020, which
states that ‘where a person or organization notifies the police of his or its
intention to hold a public meeting, rally or procession on a public highway or
such meetings in a place where the public has access to, the police officer
responsible for the area where the meeting rally or procession will take place
shall mobilize personnel to provide security cover for the meeting, rally or
procession.”
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