AGF: Labour’s Strike Declaration “Premature and Illegal”

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, has criticized the call for industrial action by organized labor, labeling it as “premature, ineffectual, and illegal.”

Fagbemi’s strong condemnation follows the May 31, 2024, announcement by the Nigerian Labour Congress (NLC) and Trade Union Congress (TUC) of an indefinite nationwide strike starting June 3, 2024.

In a letter dated June 1 addressed to the TUC and NLC leadership, Fagbemi highlighted that negotiations between the Federal Government and stakeholders on a new national minimum wage were still ongoing and had not reached a conclusion. He stressed the need to consider the interests and capacities of all employers, including the organized private sector, in setting a minimum wage.

Fagbemi referenced Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which require the NLC and TUC to issue a mandatory strike notice of at least 15 days. He argued that the labor unions’ failure to comply with these provisions renders the strike illegitimate and unlawful.

He also questioned the legality of the proposed strike, noting that the labor unions had not initiated trade disputes with their employers or issued the required strike notices. Fagbemi emphasized the severity of non-compliance with the 15-day notice requirement, highlighting its criminalization under the Trade Disputes Act.

“I wish to further draw your attention to the fact that the conditions outlined by our national legislation for exercising the right to strike are in tandem with the International Labour Organization principles concerning the right to strike,” Fagbemi stated. He noted that the ILO Committee on Freedom of Association mandates prior notice and recourse to conciliation, mediation, and arbitration procedures before declaring a strike.

Fagbemi also mentioned an interim injunctive order granted on June 5, 2023, which restrains the NLC and TUC from engaging in any industrial action or strike, emphasizing that this order remains in effect until overturned.

In light of these legal considerations, Fagbemi urged organized labor to reconsider their stance and return to the negotiation table, stressing the importance of pursuing their goals within the framework of the law.