The National Industrial Court in Akure, the capital of Ondo State, on Monday granted an ex-parte order restraining labour unions in Kwara State from proceeding on an industrial action over disagreements on the signing and implementation of minimum wage in the state.
The order came as the labour unions directed their members to proceed on an indefinite strike from Tuesday unless the government accedes to their requests.
The state government and labour unions have been in dispute over the insistence of the unions to apply the same minimum wage agreement for the state and local government workers.
Justice D.K. Damulak granted the order in a suit filed by the Kwara State attorney general.
The ex-parte order was served in substituted manner on the labour unions in Ilorin, the state capital, on Monday.
In an affidavit filed at the industrial court in suit No NICN/AK/53/2020, the government is asking whether it is lawful for it to sign an agreement affecting local government workers when it is not in control of local government finances or expending its funds.
The defendants include the Nigeria Labour Congress; Trade Union Congress; Joint Negotiation Committee; Aliyu Issa Ore (State NLC Chairman), Ezekiel Adegoke (State TUC Chairman); and Saliu Suleiman (JNC Chairman).
The court, among other things, granted an order of interim injunction restraining the “defendants/ respondents jointly and severally by themselves, their agents, servants, employees, workmen, privies or authorities how so ever described from declaring any strike or industrial action or embarking on the planned industrial action of any nature effective on the 12th and/or 13th day of October, 2020 or at any other date pending the hearing and determination of the motion on notice for interlocutory injunction.”
It also granted an order restraining the defendants from taking further steps in respect of the subject matter of the suit pending the hearing and determination of the motion on notice and another order for substituted service of the originating summons and any order of the court.
The government is asking the court to declare that the local government is a separate tier of government with its own financial autonomy and which wages could not be determined by the state government, irrespective of some oversight powers the state government may have on them — just as the federal government also has some oversight powers on the states.
The court has adjourned to October 20 to hear the motion.
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