The Federal Government has decided to retract the contempt charges that were leveled against the Nigeria Labour Congress (NLC), Trade Union Congress of Nigeria (TUC), and their respective leaders. This move comes just four days ahead of the deadline set by the NLC for the government to either withdraw the contempt summons or face an indefinite nation-wide strike.
In a formal communication addressed to Messrs Falana & Falana’ Chambers, legal representatives of the NLC, the Solicitor-General of the Federation and Permanent Secretary of the Ministry of Justice, Mrs. B.E. Jeddy-Agba, expressed the government’s acknowledgment of the situation. The Federal Ministry of Justice was brought to attention regarding the August 3, 2023 Communiqué issued by the NLC, where the organization announced the suspension of their nationwide protests. The communiqué also criticized the contempt summons issued by the National Industrial Court, among other concerns.
The Solicitor-General referred to previous correspondence exchanged between the Ministry and the NLC’s legal representatives, discussing the importance of adhering to existing court orders that restrained any form of industrial action by the Nigeria Labour Congress and the Trade Union Congress. The Ministry’s stance was motivated by the intention to uphold the integrity of the court and prevent any unnecessary disruption of services or damage to public infrastructure.
Despite these discussions and interventions, the labor unions proceeded with their planned industrial action on August 2, 2023, through public protests that resulted in the disruption of work and the removal of the gate at the National Assembly. Subsequently, the Ministry initiated contempt proceedings by submitting Form 48 on the same day, following the provisions of Section 72 of the Sheriffs and Civil Process Act, as well as Order 9 Rule 13 of the Judgment (Enforcement) Rules. It’s important to note that Form 48 marks the initial step in contempt proceedings, which only reach completion with the issuance of Form 49 and the consequential committal order.
However, following the intervention of President Bola Ahmed Tinubu and the decision by the labor unions to call off their industrial action after meetings with the President and National Assembly leadership, the Ministry chose not to pursue further with the contempt proceedings. The progression of the contempt proceedings would have necessitated the issuance of Form 49 within two days of Form 48 issuance. The absence of Form 49 as of August 4, 2023, implies that the contempt proceedings are incomplete.
The Ministry advised that the NLC be informed about the status of contempt proceedings and the process involved, particularly emphasizing that the concerns raised in the NLC’s communiqué have now been overshadowed by the recent events and decisions.
