- ‘Return To The Negotiation Table,’ AGF Tells Unions
By Abiola Olawale
The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), has rebuked the organised labour for declaring industrial action despite ongoing talks on the new minimum wage.
This is as the AGF described the action of the unions as “premature, ineffectual, and illegal.”
The New Diplomat reports that the Nigeria Labour Congress (NLC), and Trade Union Congress (TUC) had declared an indefinite nationwide strike action from June 3, 2024, over the failure of the Federal Government to meet its May 31 ultimatum for the approval of a new minimum wage for Nigerian workers.
Reacting, Fagbemi, in a letter dated June 1, and addressed to the leadership of the TUC and NLC, emphasised that negotiations between the federal government and other stakeholders in determining a new national minimum wage “have not reached a conclusive end.”
He also cited that organised labour has violated provisions of Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which mandate both NLC and TUC to issue mandatory strike notices of at least 15 days.
According to him, the failure of the labour unions to comply with these provisions has rendered their industrial action illegitimate and unlawful.
Furthermore, Fagbemi questioned the legality of the proposed strike action, pointing out that the labour unions had not initiated trade disputes with their employers or issued any strike notices as required by law.
He said: “I wish to further draw your attention to the fact that the conditions outlined by our national legislation for exercising the right to strike are in tandem with the International Labour Organisation principles concerning the right to strike.
“It is the position of the ILO Committee on Freedom of Association that the obligation to give prior notice, obligation to have recourse to conciliation, mediation and (voluntary) arbitration procedures in industrial disputes, etc., are prior prerequisites for declaring a strike,” the AGF said.
In addition, Fagbemi reminded organised labour of the interim injunctive order granted on June 5, 2023, which restrained both NLC and TUC from embarking on any industrial action or strike, stating that the order remains binding on the labour unions until overturned.
