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why NLC Strike Plan was stopped by Cou

The National Industrial Court on Tuesday
stopped the Nigerian Labour Congress and the Trade
Union Congress from embarking on their planned
strike over the increase in fuel price by the federal
The labour unions had threatened to commence a
nationwide strike on Wednesday.
Justice Babatunde Adejumo gave the restraining
order after the Attorney General of the Federation,
and Minister of Justice, Mr. Abubakar Malami, argued
an ex parte application in which the prayer for the
order was contained.
Justice Adejumo ruled, “The defendants are hereby
restrained from carrying out the threat contained in
their communique issued on May 14, 2016 pending
the hearing and determination of the motion on
notice filed on May 16.
“It is the order of this court that status quo be
maintained as at May 17.”
The order being an interim one will last for seven
days, although it is subject to renewal.
The judge also ordered that the processes in the
case be served on the respondents within 24 hours
and that proof of service be filed in the court.
“It is the order of this court that none of the parties
shall engage in any act, conduct, overtly, covertly on
this matter pending the hearing and determination
of the motion on notice,” Justice Adejumo added.
The judge transferred the hearing of the substantive
case to another judge of the court on the grounds
that he would be engaged at the National Judicial
Council when the matter would be deemed for
The judge said although he would preferred that the
dispute be resolved amicably, he was constrained to
issue the ex parte order because the respondents
were not yet before him.
He also said that he granted the order to make sure
that people were not subjected to avoidable
He said ,”I decided to take this case this morning
because it is on an issue that will affect everybody. I
don’t want people to be subjected to hardship. There
will be scarcity of foods, people may die, students
will engage in all sorts of activities. This is why I have
to grant this order.”
Malami, while moving the ex parte application, said it
was in the national interest to stop NLC from
shutting down the nation over last week’s increase
in price of fuel.
He cited Section 14 of the 1999 Constitution as
amended to justify his application to stop the strike.
Malami argued that no amount of damages could
serve as compensation if NLC was allowed to shut
down the economy.
He further argued that the balance of convenient
was in favour of the government.
Malami said that labour met on Saturday and issued
a communique wherein it gave government a three-
day ultimatum to reverse the decision increasing fuel
He further told the court that NLC had threatened to
shut down the country if government failed to
reverse the fuel price increase.
He told the court that the respondents had
threatened to close down all government offices,
seaport, airports and markets.
He contended that ordinary and law abiding citizens
would be subjected to hardship if the respondents
were allowed to go ahead with their threat.
Malami argued that the government was left with no
alternative but to seek the intervention of the court.
He said that he got notice of the communique on
Sunday and quickly filed an originating summons,
together with motion on notice and an exparte
application to determine whether NLC’s decision was
justified in the circumstance.
Among other questions put before the court, Malami
asked the court to determine, “Whether the
respondents (NLC, Trade Union Congress) have
complied with the laid down condition precedent for
embarking on strike.
“Whether indeed there exist in law and in fact the
basis of which the respondents’ total closure of the
economy can be justified

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