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Strike: Organised Labour Has Not Committed Any Offence, Falana Tells AFG

Human Rights Lawyer, Femi Falana, SAN, has reacted to the statement credited to the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, where he described the proposed (Now Ongoing) industrial action as “premature, ineffectual and illegal.”

Fagbemi in a statement on Sunday stressed that the agitation for the increase of the minimum wage of workers in the country is currently being addressed, insisting that the labour unions failed to fulfill the condition precedents that would enable them to embark on a strike action.

The AGF, in a letter addressed to the two labour unions, noted that FG and other stakeholders involved in the Tripartite Committee on determination of a new national minimum wage, had not declared an end to negotiation.

Fagbemi argued that in view of the fact that FG and State governments are not the only employers to be bound by a new national minimum wage, it was therefore “vital to balance the interest and capacity of all employers of labour in the country (inclusive of Organized Private Sector) in order to determine a minimum wage for the generality of the working population.”

AGF also noted that an order of the National Industrial Court, NIC, which barred the two labour unions from embarking on any form of strike action, is still extant as it has not been set aside.

He, therefore, urged the unions to reconsider their proposed strike action and return to the negotiation table.

But reacting to his submission, Falana opined that his client the Orgnaised Labour has not committed any offence, advising that members of the Tripartite Committee should speed up the negotiations to enable Labour to call off the strike.

His words: “We remain Solicitors to the President of the Nigeria Labour Congress, Comrade Joe Ajaero and the President of the Trade Union Congress, Comrade Festus Osifo. We have the instructions of both labour leaders to write this letter.

“In your letter dated 1st June, 2024, you claimed that the ongoing industrial action by our clients for a new national minimum wage constitutes a dissobedience of the orders of the National Industrial Court and the Court of Appeal. You equally accused our clients of breaching sections 41 and 42 of the Trade Disputes Act by not giving a 15-day notice before the commencement of the strike.

“In reacting to your allegations seriatim, we wish to state that our clients have neither disobeyed court orders nor breached the provisions of the Trade Disputes Act in any manner whatsoever and howsoever.

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