The National Industrial Court in Abuja on Tuesday ordered Federal Capital Territory Administration (FCTA) workers to suspend their ongoing strike pending further hearing in a suit brought by the FCT authorities to stop the industrial action.
Judge Emmanuel Subilim issued the order in a ruling on an application filed by the Minister of the Federal Capital Territory, Nyesom Wike, and the FCTA.
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The strike, which has gone on for nearly two weeks, involves workers who are central to running the capital city’s core services.
Following the strike, the FCT minister and the FCTA had approached the industrial court order to declare the strike illegal and restrain the unions and their members from continuing the action.
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TThe suit sued the President of the Joint Union Action Committee (JUAC), Rifkatu Iortyer, and its Secretary, Abdullahi Umar Saleh.
Mr Sublim, granting the request for an interlocutory injunction on Tuesday, ordered the workers to resume work pending the hearing and determination of the substantive suit brought by the claimants – the minister and the FCTA
The judge held that although the issues raised by the workers qualified as a trade dispute and met the required legal conditions, “The defendant’s right to an industrial action is not absolute, but as circumscribed by law,”
He ruled that workers were prohibited from participating in a strike once a dispute had been referred to the National Industrial Court, and where such a strike was already ongoing, “it must cease pending the determination of the case.”
The court referenced Section 18(1)(e) of the Trade Dispute Act and noted that the suspension of the strike ensures the dispute is properly handled. It held that ongoing strikes must stop once a suit is filed by originating summons, which counts as a formal referral.
Mr Subilim ruled that the claimants had established a compelling case that warranted the granting of the order for the workers to suspend the ongoing strike.
“An order of interlocutory injunction is hereby granted, restraining the defendants and respondents, their agents, representatives, together with all other members of the Joint Unions Action Committee, from further embarking on any industrial action, strike, picketing, lockout, or any other form of obstruction against the claimant, parastatals, and political appointees,” ruled the judge.
He added that “this includes but is not limited to actions aimed at crippling operations, blocking roads, obstructing the flow of vehicular movement, or by any means frustrating their business activities.”
“This order shall remain in force, pending the hearing and determination of the originating summons filed in this suit,” the judge said.
He warned that failure to comply with Section 18 of the Act could attract sanctions and adjourned for further hearing until 23 March.
Backstory
The FCTA workers began an indefinite strike on 19 January over unresolved welfare issues. The workers, organised under JUAC, cited unpaid salaries, promotion arrears and poor working conditions.
But the FCT authorities approached the court to stop the industrial action, which they described as illegal.
The workers opposed the suit, arguing that their grievances remained unresolved despite engagements with the FCT administration.
At the hearing of the FCT authorities’ application for interlocutory injunction on Monday (yesterday), a lawyer representing the workers’ union,Maxwell Opara, urged the court to dismiss the application. He argued that the prayers of the application would amount to determining the substantive suit at the interlocutory stage.
Mr Opara also said directing workers to resume work while salaries remained unpaid was risky. He urged the court to consider arbitration and to compel the FCT minister to attend negotiations to resolve the dispute.
He also asked the court to join the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) as parties to the suit, as their inclusion would make them bound by any order the court may give.
But James Onoja, a Senior Advocate of Nigeria representing the FCT Administration, opposed the joinder request.
He argued that the case could be properly determined without the two labour bodies. He said the suit was correctly filed. He noted that the named defendants were not registered under the Trade Union Act.
Mr Onoja urged the court to grant the restraining order, stressing that the ongoing strike had disrupted essential services across the FCT.
The judge declined the application of the defendants to join the NLC and TUC in the suit. He ruled that the court could not compel their inclusion as they were not originally sued by the claimants.
The court then adjourned the matter until today (Tuesday) for ruling on the motion seeking to halt the strike.
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Reactions
Addressing journalists after the ruling, lawyer to the FCT Administration, Mr Onoja, hailed the court’s decision to grant the order suspending the workers’ strike.
He stated that the ruling would give both parties an opportunity to engage in discussions.
He, however, appealed to the unions to obey the court order and return to work, while also allowing room for mediation.
“We commend the court for making an order for the stopping of the strike, restraining the workers from going on strike, or continuing with the strike. I think this is commendable because it is going to allow the parties to discuss.
“Our plea to the union is that they should allow industrial harmony. They should go back to work and allow for mediation, because to me, it’s like a family matter, and this is an opportunity that the Union should take,” he said.
Lawyer to the respondents, Mr Opara, on the other hand, described the workers as law-abiding citizens and advised them to respect the court order.
“We are going to comply with the ruling whichever way, whether it is effective, whether it is ineffective, we must comply with it,” he stated, adding that:
“The one good thing is that the court has also mandated that we commence mediation, not as a matter of advice, but in line with the law,” said Mr Opara.
Similarly, JUAC president, Ms Iortyer, said the workers would comply with the order, call off the strike, and immediately return to work, while continuing to “push for other things while awaiting their next court appearance.
