The federal government has pulled back from steps being taken to bring contempt proceedings against the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC), in a bid to stave off yet another nationwide industrial action by organised labour.
The government had last week through the Federal Ministry of Justice threatened to sue the labour leaders for contempt before the National Industrial Court of Nigeria for allegedly failing to comply with the extant court orders, restraining the unions from industrial action.
It accused the labour unions of proceeding with the industrial action through public pretests on August 2nd, 2023 over fuel subsidy removal dispute
But the NLC immediately held an emergency National Executive Council Meeting in Abuja, and had issued a warning that it would declare a nationwide strike if its leaders were charged to court for contempt by the federal government at the National Industrial Court of Nigeria (NICN).
The NLC had demanded the immediate withdrawal of what it described as, “litigious terrorism by the Federal Ministry of Justice before the end of work Friday, the 11th of August, 2023.”
However, in a letter written to the lead counsel to the NLC, Femi Falana, a copy of which was obtained by THISDAY on Monday, the Solicitor General of the Federation, Mrs. B.E. Jeddy-Agba, said the Justice Ministry has withdrawn the contempt proceeding.
The letter to Falana Chambers dated August 7, and signed by Jeddy-Agba stated that: “Upon the intervention of His Excellency, President Bola Ahmed Tinubu and the decision of the labour unions to call-off their industrial action after meetings with the President and leadership of the National Assembly, this Ministry did not proceed further with the contempt proceedings, which would have required the issuance of Form 49 within two days of the issuance of Form 48.”
The letter stated further that, “It is self-evident that the non-issuance of Form 49 as at 4th August 2023, renders the contempt proceedings inchoate.
“You may therefore wish to advise or guide the labour unions on the practice and procedure of contempt proceedings, particularly to the effect that the issues or concerns raised by NLC in its communique on the proceedings have been overtaken by events.”
While explaining further, Jeddy-Agba said the position of the Ministry was informed by the need to safeguard the integrity of the court and prevent avoidable service disruption or damages to public facilities.
She recalled the exchange of correspondence between the Ministry and Falana on the need for compliance with the extant court orders, restraining industrial action of any kind on the part of the NLC and TUC.
She noted that despite these exchanges/interventions, the labour unions on August 2nd, 2023 proceeded with the industrial action through public protests which led to the disruption of work and the eventual pulling down of the gate of the National Assembly.
“The foregoing prompted the Ministry to initiate contempt proceedings by filing Form 48 on the same 2nd August 2023 in accordance with Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 of the Judgment (Enforcement) Rules.
”It is trite that issuance of Form 48 is just the starting point in contempt proceedings which will only crystalise upon the issuance of Form 49 and the consequential committal order,” she said.
