The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, has denounced the recent call for an indefinite nationwide strike by organized labour, branding it as "premature, ineffectual, and illegal."
Fagbemi’s sharp criticism follows the May 31, 2024, announcement by the Nigerian Labour Congress (NLC) and Trade Union Congress (TUC) declaring an indefinite strike to commence on June 3, 2024.
In a letter dated June 1, Fagbemi addressed the leadership of NLC and TUC, pointing out that negotiations between the Federal Government and other stakeholders on establishing a new national minimum wage were still ongoing and had not yet reached a conclusion.
He emphasized the necessity of considering the interests and capacities of all employers, including those in the private sector, when determining a minimum wage that benefits the entire workforce.
Citing the Trade Disputes Act 2004, Fagbemi noted that Sections 41(1) and 42(1) mandate both NLC and TUC to issue at least 15 days’ notice before initiating a strike. He argued that the failure to comply with these legal provisions renders the strike illegitimate and unlawful.
Fagbemi further questioned the legality of the proposed strike action, highlighting that the labour unions had not initiated trade disputes with their employers or issued the required strike notices as mandated by law. He underscored the seriousness of non-compliance with the 15-day notice, noting that such actions are criminalized under the Trade Disputes Act.
Referring to International Labour Organization (ILO) principles, Fagbemi stated that the requirement for prior notice and recourse to mediation are necessary prerequisites for declaring a strike.
Fagbemi also dismissed the ultimatum issued by labour for concluding negotiations as not meeting the formal requirement for a strike notice.
He reminded the unions of an interim injunctive order from June 5, 2023, which restrained both NLC and TUC from embarking on any industrial action. This order, he emphasized, remains binding until overturned.
In light of these legal considerations, Fagbemi urged organized labour to reconsider their stance and return to the negotiation table, stressing the importance of pursuing their demands within the bounds of the law.
