ABUJA——Chief Judge of the Federal high court, Justice Roseline Ukeje is to deliver judgment, tomorrow, in a dispute on whether the Nigeria Labour Congress (NLC) can legally protest, via strike action, any Federal Government policy on matters outside the purview of Trade Disputes Act (1990).
The verdict of the court is expected to lay to rest a nine-month old legal battle between the NLC and the Federal Government over the legality of imposing N1.50k per litre tax on petrol and diesel.
Government is of the view that imposition of N1.50k per litre on AGO and PMS is nothing but a price modulation policy outside the purview of Trade Disputes Act 1990 and not a tax but the NLC believes it is an illegal tax which cannot stand the test of law.
In the course of conducting the case, NLC had had cause to look up to the presiding judge and accused her of bias.
Contempt proceedings was also instituted by NLC against Attorney-General of the Federation, Chief Akinlolu Olujinmi (SAN) over alleged failure of government to obey court orders restraining it from further increasing prices of petrol from N38.00 per litre until determination of the substantive suit.
The refusal of the presiding judge to take the contempt proceedings before entering verdict in the substantive matter had provoked NLC to go to the court of appeal, urging it to direct Justice Ukeje to hands off from the trial of the case on the accounts that she was biased.
The entire legal battle arose shortly after President Olusegun Obasanjo presented on December 18, 2003 the 2004 Appropriation Bill to the National Assembly proposing among others to introduce N1.50k per litre fuel tax from January 1, 2004. But the National Assembly, in separate resolutions, requested President Obasanjo to delete the proposal from the appropriation bill which was so deleted.
However, in spite of the fact that no valid law was made by the National Assembly in respect of the fuel tax proposed by the Federal Government, the collection of the N1.50k per litre fuel tax became effective on January 1, 2004.
In reaction, NLC resolved to go on strike if within 14 days the Federal Government refused to rescind its decision. In reaction, the Federal Government approached an Abuja high court for an injunction to restrain NLC from embarking on any mass protest or strike but the request was turned down.
Government appealed but was directed back to the Federal high court for resolution of the dispute. Complying with the directive of the Court of Appeal, the Federal Government lodged a writ of summons asking for the following, among others;
la declaration that the notice of intention to resume strike action dated January 7, 2004 by NLC in opposition to its policy of a charge of N1.50k per litre in price modulation of Petroleum Motor Spirit (PMS) and Automatic Gas Oil (AGO) is not in contemplation or furtherance of a trade dispute as provided for under the Trade Disputes Act Cap 432, Laws of the Federation of Nigeria (1990) and therefore irregular, invalid, illegal, unlawful, void and of no effect whatsoever;
la declaration that NLC are not entitled to embark on any strike action in respect of any matter not being within the purview and ambit of the provisions of the Trade Disputes Act Cap 432, Laws of the Federation of Nigeria, 1990;
lComrade Adams Oshiomole cannot as a trade unionist and officer of NLC induce any worker or employee in Nigeria to embark on any strike action to protest the Federal Government’s modulation of N1.50k on every litre of PMS and AGO or on any matter not being within the purview of the Trade Disputes Act 1990.
