The legal counsel for the Nigeria Labour Congress, Femi Falana (SAN), has argued that the union’s planned nationwide protest, slated for February 27 and 28, 2024, is not in contempt of court. Falana pointed out the inconsistency in the Federal Government’s stance, considering they withdrew contempt proceedings initiated against the NLC and TUC for their August 2, 2023 protest.
In a letter dated February 24, 2024, addressed to the Minister of Justice and the Attorney General of the Federation, Lateef Fagbemi (SAN), Falana emphasized that the NLC had challenged the jurisdiction of the National Industrial Court in handling the underlying case. He asserted that the proposed protest does not violate the court’s ex parte orders.
Falana detailed the history of legal actions, mentioning the withdrawal of contempt proceedings after the peaceful protest in August 2023. He highlighted the pending legal challenges to the court’s jurisdiction and the alleged abuse of the legal process by the Federal Government.
Additionally, Falana argued that the National Industrial Court did not prohibit the NLC and TUC from exercising their fundamental rights to freedom of expression and assembly. He referenced a previous case affirming Nigerians’ right to protest without requiring a police permit.
Furthermore, Falana advised the NLC to proceed with the planned protest peacefully and called on the Attorney General of the Federation to ensure the Inspector-General of Police provides adequate security for the demonstrators, in line with the Police Establishment Act.
The letter from Falana comes as a response to an earlier communication from the Attorney General, urging him to persuade the NLC and TUC to abandon the proposed nationwide protest. Fagbemi argued that such a protest would amount to contempt, citing an existing court order restraining organized labor from engaging in industrial action.
The NLC had announced the nationwide protest in response to the economic challenges facing the country, following the expiration of a 14-day ultimatum issued to the federal government.
