FG Deems Upcoming Labour Strike as “Premature, Illegal, and Illegitimate”

The Federal Government has labelled the strike action called by the organized labour, set to commence on Monday, June 3rd, as “premature, illegal, and illegitimate.”

The government asserts that the labour unions have failed to comply with Sections 41 and 42 of the Trade Dispute Act of 2004, which mandates a 15-day notice before embarking on a strike.

In a letter addressed to the leadership of the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC), Lateef Fagbemi, the Minister of Justice and Attorney General of the Federation, emphasized that the strike is “premature” as the Federal Government and other stakeholders in the Tripartite Committee on determining a new national minimum wage have not concluded negotiations.

Festus Osifo, President of the TUC, explained that the strike was a response to the breakdown in negotiations for a new national minimum wage. Osifo highlighted the government’s reluctance to address critical issues raised by the organized labour, particularly the recent hike in electricity tariffs and the demand for a living wage.

“Since we undertook the nationwide protest against the recent hike in electricity tariffs, no government official has called us for discussion. Even the Minister of Power has not thought it fit to invite us for discussion,” Osifo stated.

In response, Fagbemi reiterated that the strike declaration is premature, especially since the Tripartite Committee has not ended negotiations. He stressed the importance of balancing the interests and capacities of all employers in the country, including the organized private sector, in determining a minimum wage for the general working population.

Fagbemi reminded the organized labour of Sections 41(1) and 42(1) of the Trade Dispute Act 2004, which require the NLC and TUC to issue mandatory 15-day strike notices. He pointed out that neither the NLC nor the TUC had declared a trade dispute with their employers or issued any strike notice as required by law.

“It is not in doubt that the fundamental importance of the 15-day notice is understood by the fact that Sections 41 and 42 criminalize non-compliance with this requirement for a valid declaration of strike action,” Fagbemi said.

He further questioned the legality and legitimacy of the proposed strike, citing the failure of both the NLC and the TUC to comply with statutory dispute resolution procedures under Section 18(1)(a) of the Trade Dispute Act of 2004.

Despite the government’s stance, various affiliates of the NLC and TUC have issued notices mobilizing their members for the indefinite nationwide strike starting at midnight on Monday. These affiliates include the Nigeria Union of Teachers, Nigeria Union of Petroleum and Natural Gas Workers, Senior Staff Association of Nigerian Universities, and the National Union of Banks, Insurance, and Financial Institutions Employees.

In a statement, the National Union of Electricity Employees issued a notice titled “Mobilisation for nationwide strike and total withdrawal of services.” Other unions, such as the Medical and Health Workers’ Union of Nigeria and the Judiciary Staff Union of Nigeria, have also issued similar notices.

This situation continues to develop, with both sides standing firm on their positions regarding the legitimacy and necessity of the planned strike action.