Falana Writes Senate Over Labour Bill
A Lagos-based lawyer and defence counsel to the Nigerian Labour Congress (NLC),
Chief Femi Falana has written the senate over the amended bill to outlaw the NLC by
President Olusegun Obasanjo, describing it as utterly contemptuous.
Falana explained that having critically examined a copy of the bill forwarded by the
president, he was compelled to draw the attention of the senate to the illegality of the
proposed amendments which, he said, seeks to dismember and regiment the NLC.
�The provisions of sections 40 of the 1999 constitution are clear�, Falana said, adding
that �their import is to allow every person including public office holders and civil
servants, the freedom to assemble freely and associate with other persons to form or
belong to any political party or trade union or association for the protection of his
interests.
�Apart from the unconstitutionality of the said amendments�, Falana continued, �they are
contemptuous in the sense that there are three suits filed by the federal government
against the Nigeria Labour Congress in not less than three courts of co-ordinate
jurisdiction on the issues covered in the proposed law�.
He said while the suits with registration numbers; ID/1013/2003, FCT/HC/CV/350/2004,
and FHC/ABJ/CS/52/2004 are still pending in Lagos High Court, High Court of the
Federal Capital Territory and Federal High Court respectively and the issues are yet to be
judicially determined, the president was requesting to amend the applicable law such
would present the court with a fait accompli.
Besides, Falana contended that it was the counsel to the federal government, Chief Afe
Babalola who, on February 9, 2004, prayed the Federal High Court to order the parties to
maintain the status quo ante bellum and since it was not opposed by NLC, the court
granted it. He however recalled that it was the same order that was struck out on June 8,
2004 by Justice Roseline Ukeje on the ground that it constituted an abuse of court
process.
Falana argues; �you will no doubt agree with us that the standing rules of both chambers
of the National Assembly do not permit the destruction of the res in any matter that is sub
judice through a legislative fiat.
�Only recently, the senate refused to debate the legality or otherwise of the payment of
salary and allowances in foreign currency to two serving ministers on the ground that the
suit instituted by Chief Gani Fawehinmi on the matter was pending in the Federal High
Court.
�Even in the heydays of military dictatorship, the supreme court had cause to warn
against the resort to self-help once matters have been turned to the court for
adjudication�, adding that �in the area where the rule of law operates, the rule of self-help
by force is abandoned. Nigeria, being one of the countries in the world, even in the third
world which profess loudly to follow the rule of law, gives no room for the rule of self-
help by force to operate�, he stated.
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