ABUJA—THE Nigeria Labour Congress (NLC) is to engage the Federal Government in an epic legal battle over on-going legislative move to outlaw picketing and criminalize strike action by workers in the country.
The venue for the battle is the Abuja high court, Wuse, Zone 5.
Lead counsel to NLC, Mr Femi Falana is billed to canvass legal arguments before the court today to hold that the proposed legislation contravenes provisions of both local and international statutes.
The Federal Government and the National Assembly are also expected to point the attention of the court to relevant laws of the land to justify why the bill should become a law.
The NLC sees the executive bill as attempts by President Obasanjo to cage, asphyxiate and weaken it, being a vibrant voice of the voiceless and opposition to various anti-masses economic policies of the Federal Government.
It says the bill was drafted with evil intention and that it was illegal and unconstitutional.
NLC consequently approached an Abuja high court to stop, via an exparte motion, men of the National Assembly from further sitting on the bill.
NLC’s attorney, Mr Femi Falana urged the court not to shy away from intervening, saying it had powers to stop the National Assembly from making legislations capable of ousting the powers of the court.
He cited section 4 (8) of the 1999 Constitution to back up his claims.
The presiding high court judge, Justice Hussein Baba Yusuf declined the request, saying “granted that section 4 (8) of the 1999 Constitution provides for the prohibition of legislature from enacting any law which may oust the powers of the court, the intention of that provision is not to interfere with the internal affairs of the legislature.
“It appears to me therefore that if the request by the Nigeria Labour Congress to stop the National Assembly from further sitting or passing the bill is granted, that will amount to the judiciary arrogating to itself the powers to teleguide the legislature in doing its work.
“It is not proper to interfere. This is because interfering will negate the principle of separation of powers,” he added.
Following the refusal to temporarily stop the National Assembly from sitting on the bill, 36 members of the House of Senate passed the bill about two weeks ago, outlawing picketing and criminalized strike action by Nigerian workers.
The bill presently awaits the endorsement of the House of Representatives to become a law.
Miffed by their action, NLC came back to court to tackle both the Federal Government and the National Assembly over the bill.
Counsel to the Federal Government, the National Assembly and the Labour are expected to meet in court, for the first time, today over the desirability and legality of the proposed legislation.
Specifically, NLC is praying the court for the following reliefs:
*a declaration that the Nigerian workers are entitled to associate and assemble peacefully under the NLC without interference from the respondents by virtue of section 40 of the 1999 Constitution and Article 10 of the African Charter of Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 1990;
*a declaration that the trade union amendment bill 2004 forwarded to the National Assembly by the Federal Government for passage into law is unconstitutional and illegal as it violates the applicants fundamental rights to freedom of association and peaceful assembly guaranteed by section 40 of the 1999 Constitution and Article 10 of the African Charter of Human and Peoples Rights Act Cap 10, Laws of the Federation;
*a declaration that the trade union bill 2004 is illegal and unconstitutional as it violates the fundamental rights of the applicants to freedom from discrimination guaranteed by section 42 of the 1999 Constitution and Article 3 of the African Charter on Human and Peoples Rights Act Cap 10 Laws of the Federationof Nigeria 1990;
*an order of perpetual injunction restraining the respondents whether by themselves, their agents, privies, servants and successors-in-office from passing the Trade Union (Amendmein any manner whatsoever and howsoever;
*an order of perpetual injunction restraining the respondents whether by themselves, their agents, privies, servants and successors-in-office from interfering with the internal affairs of the Nigeria Labour Congress in any manner whatsoever and howsoever and Counsel to all parties are to poke legal fireworks before the Abuja high court this morning in respect of the suit.
