Should the NLC embark on another strike to protest the fuel price hike?
Appeal Court Stops NLC Strike
� � Oshiomhole: Ruling is of no consequence From Lillian Okenwa and Juliana Taiwo in Abuja, 11.11.2004
The Court of Appeal, Abuja has ordered the Nigerian Labour Cong-ress (NLC) not to call out workers or embark on the proposed indefinite strike action over the increase in the pump prices of petroleum products pending the determination of an appeal the Federal Government filed challenging the judgement of a Federal High Court. Justice Roseline Ukeje, Chief Judge of the Federal High Court had last month voided the office of the NLC president, and stopped labour from protesting against non-employment related issues. She, however, later washed her hands off the government Vs NLC tango, refusing to either stop Labour from going on strike or the government from increasing the prices of petroleum products. In a swift response to yesterday�s Appeal Court decision, however, NLC President Adams Oshiomhole said the ruling is of no consequence as the strike will proceed as scheduled. With Justice Ibrahim Tanko Muhammad presiding, the Appeal Court stated in the ruling: "It is true that the appeal pending before this court has a great bearing on the lives of Nigerians and ought to be disposed expeditiously. But the Nigerian Labour Congress has said through its clients that they have not sufficiently consulted among themselves on the pending application. "But a glaring thing to find out is whether the lack of consultation was due to negligence or circumstances beyond the control of the officials of the labour union. I am inclined to adjourn this matter so as to give the labour union fair hearing. "But the adjournment is subject to the following conditions: an order is necessary so that the respondents shall not embark on strike on November 16, 2004 because the court may not be sure the matter will be disposed off before the planned strike." The ruling which was unanimously assented to by Justices Albert Gbadegbo Oduyemi and Mary Odili further held: "The respondents are restrained from embarking on strike on the 16 November 2004 or any other date pending the determination of the motion on notice which will now come up on 17 November 2004." The Appeal Court order came following a request by Federal Government's lawyers led by Chief Afe Babalola (SAN) that NLC be restrained from embarking on the proposed strike scheduled to commence Tuesday, next week pending the determination of the appeal. The Federal Government approached the court through a motion on notice, which was, however, not argued, as counsel to the NLC, Mr. Femi Falana, said that he has not been able to consult with his clients on the application by the government following the nation-wide mobilisation effort for the strike action by organised labour and civil society groups. Falana vehemently opposed Babalola's prayer that he (Falana), should give an undertaking that the labour union does not go on strike during the pendency of the applications. He also opposed Babalola's oral application that an interim order be made to forestall the commencement of the nation-wide strike action even as the court fixed November 17 as return date for the hearing of all the applications including the appeal filed by the NLC. There was, however, no mention of the formal motion on notice Babalola filed seeking to restrain NLC from going ahead with the planned strike. At the end of the session, Babalola urged NLC to comply with the court's decision but Falana said he could only advise his clients when he gets a certified true copy of the ruling. He further stated that the Obasanjo administration has embarked on a voyage aimed at destroying the polity through arbitrary hike in the pump prices of petroleum products. The Federal Government in the motion on notice had asked the Court of Appeal to make the following orders: � An order restraining the appellants and respondents (Nigerian Labour Congress and Adams Oshiomhole), their officers, privies, associates, and any person, however, described from continuing their acts of contempt by disobeying the order of the Federal High Court delivered on Tuesday 21 September 2004 which is now the subject of appeal before this court; � An order restraining the appellants and respondents (NLC) by themselves, agents, privies or otherwise, however, called from embarking on strike action on 16 November 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 which is the subject matter of the appeal before the court pending the determination of the appeal pending in this suit; � An order of injunction restraining the Nigerian Labour Congress, its officers, privies, associates, servants, agents and other persons however described from summoning any meeting, holding any rally and or convoking any gathering or implementing or planning or preparing for any strike action in respect of the subject-matter of this appeal pending the hearing and determination of the appellant's appeal. Government also has a prayer for any such order, as the court may deem appropriate in the present circumstances to make. In the substantive appeal, the NLC is asking the appellate court to dismiss Ukeje's judgement wherein she said labour can not call a strike on any matter that is not within the purview of terms of employment. However, Oshiomhole yesterday in a press statement on the Appeal Court ruling said the NLC is not in a position to stop the strike. Entitled �press statement on reports of an interim order by the Court of Appeal,� Oshiomhole wrote: "I have received some inquiries in respect of an interim ruling purported to have been made by the Court of Appeal on the general strike/mass campaign scheduled to commence on 16th of November, 2004. "I wish to say that I have not been served with any order. However, assuming that there was such an order, I am not in a position to stop the strike. Indeed, it is impracticable for me as an individual to use my bare hands to stop a moving train, which the forthcoming strike represents. "In addition, the NLC is just one out of many labour and civil society organisations that are organising the strike. These organisations are not parties to the court case. "Therefore, restraining the NLC in the circumstance is of no consequence since millions of Nigerians have defined their stakes in the strike/mass campaign which many other labour and civil society organisations are involved in organising. "Indeed, the NEC of the NLC had only yesterday met at Uyo, Akwa Ibom State, to reaffirm the November 16, 2004 date for the commencement of the general strike/mass campaign being organised in concert with other labour and civil society organisations. "Therefore, the general strike/mass campaign scheduled to commence on Tuesday 16th of November, 2004 shall proceed as planned by the hundreds of popular organisations in the country to protest the current prices of petroleum products." Meanwhile, two regional youth associations have warned NLC officials to stay clear of their zones during the planned strike. The groups, Warri National Congress and the Northern Youth Leaders Forum gave the warning at different fora in Abuja yesterday. According to the President of the Warri Youth, Prince Martins Eselemo, the proposed NLC strike would not enhance the plight of the people of Niger-Delta area. He stated that members of his group have already mobilised throughout Delta State to ensure that banks and other financial institutions in the state are not intimidated into closing business by the NLC. "We frowned at the activities of the NLC because Oshiomhole's position may sound good to the people of other parts of this country but to those of us in the Niger Delta, we have our reservations. "The problem of Niger Delta transcends the present position of the NLC because we are concerned with how the 13 per cent derivation given to the governments of Niger Delta is being spent and not about fuel price increase. "If the price is brought down to N20, how does it affect the common man?. We have been buying fuel for N100 per litre even though we are the producer of oil. What has changed? "This social dimension of strike which Oshiomhole has introduced into our politics should be resisted and Warri National Congress and Ijaw Youth Council are ready to take him on war for war, peace for peace. We warn Oshiomhole from seeing Delta State as part of his area of jurisdiction," he said. In another statement, the National Chairman of the Northern Youth Leaders Forum, Mr. Elliot M. Afiyo, stated that "we have watched, seen and experienced the effects of strikes on our national economy and on the lives of individuals in the society." "In this regard, we maintain the right to say that the negative effects of this particular strike are enormous and incalculable on the lives of the masses of this country that are always at the receiving end," he added.
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