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Appeal Court restrains Labour from strike pending verdict on suit
From Emmanuel Onwubiko,
Abuja
A COURT of Appeal, Abuja, headed by Justice Ibrahim Tanko Muhammed, yesterday restrained the Nigeria Labour Congress (NLC) from embarking on any future strike pending the determination of the suit it filed challenging the verdict of the Federal High Court, Abuja.
The High Court in its ruling on September 21, 2004, voided the position of the NLC president and directed Labour not to go on strike on issues not related to employment agreements.
The court also warned the NLC leadership not to test the will of the appellate court by embarking on a strike while the substantive appeal seeking the quashing of Justice Rose Ukeje's judgment was pending.
The justices panel in their ruling on the motion on notice granted the first two prayers halting a future strike on the subject matter on appeal pending determination, but rejected the last two prayers that the Labour union be stopped from holding meetings or sign an undertaking. The presiding justice said the last two prayers were speculative.
According to Justice Muhammad, whose ruling was endorsed by the other justices on the panel: "In my view, it is only desirable to have the judgment from the court below set aside before embarking on any strike. Judgments of competent courts of jurisdiction must be obeyed as long as they subsist. Once a party becomes aware of a subsisting judgment, he is duty bound to comply."
Warning the NLC leadership, the court said no strike based on the subject matter on appeal would be tolerated.
His words: "It is wrong for the NLC to go on strike while the judgment of the Federal High Court subsists. In a democratic society where the principle of rule of law is upheld, it will be a denigration of the law if judgments of courts are disobeyed. The court will not allow anyone to denigrate it because the court is not a toothless bulldog. The court can bark and bite."
Incidentally, the panellists did not give any date for the commencement of the appeal, which was instituted by the NLC through its counsel, Mr. Femi Falana.
Both Falana and the Federal Government leading counsel, Chief Afe Babalola (SAN), were absent in court yesterday when the ruling was delivered. They were, however, represented by counsel from their chambers.
In the motion on notice, the Federal Government told the Court of Appeal that it was seeking:
- an order restraining the NLC and Adams Oshiomhole (appellants/respondents), their officers, privies, associates, and any person howsoever described from continuing their acts of contempt by disobeying the order of the Federal High Court delivered on Tuesday, September 21, 2004 which is the subject matter of a pending appeal by the NLC;
- an order restraining the appellants and respondents (NLC) from embarking on strike on November 16, 2004 or any other date thereafter until the determination of the appeal;
- an order of court directing the appellants to give undertaking not to disobey the subsisting order of court pending the determination of the appeal; and
- an order of injunction restraining Labour from summoning any meeting, holding any rally or convoking any gathering or implementing or planning.
Specifically, in a substantive appeal, the Labour union wants the judgment of Justice Ukeje made on September 21, 2004, stopping Labour from going on strike in protest against economic policies of government, quashed.
The Labour union in the notice of appeal gave several grounds of error allegedly committed by the Chief Judge of the Federal High Court and submitted that the right to embark on strike is constitutionally sacrosanct.`
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