ON THE EMBARGO PLACED ON INDUSTRIAL ACTIONS BY THE INDUSTRIAL COURT; THE FIGHT BETWEEN LEGALITY AND CIVIL DISOBEDIENCE BY COM. FAKIYESI SAMUEL
I have heard about the planned industrial strike. I have written about it. I actually do not see it producing any positive fruits. Why? Because of the years, the Labour leaders have presented themselves as a toothless bull dog that can only bark hard but can't bite deep.
However, with the recent turn out of the law, it is a tactful plan by the Federal government to frustrate the plans industrial action.
I must say first that whatever I will be saying here is MY OPINION. I am yet to get legal fact to back up the action of both the federal government and the Industrial court.
Hence, the move by the attorney general raising a motion exparte is in fact brillaint and cunning.
The reference made by the AGF to section 14 of the 1999 constitution as amended is also a good one.
He also averred that the strike action by the NLC and TUC does not follow the right procedure.
Hence the Just. Adejumo ruled in his favour.
Then let's face it!
All this positions and more are but for a few, right. Infact, particular reference to the procedural guidelines which the Sister Unions are bound by was flaunted. Before an industrial action begins, a 7day ultimatum ought to have been given to the employers,(in this case the Federal government). The union bodies gave a signal of just 3days.
However, it does not mean arguments can't be pushed against the positions of the AGF.
In fact, his use of section 14 of the 1999 constitution, can be used against him. The planned strike is in fact in the interest of the nation.
Hence it is not against the unity of the Nigerian people.
Also, the right to have a peaceful protest is exclusive to all Nigerians.
The strike action does not need to be carried out by the union bodies.
NGO's, well meaning Nigerians, Nigerian students and youth can also decide to use judiciously their right to peaceful protest.
Yes the Labour bodies has played into the cunning trap of the Law.
But we as Nigerians can fight back.
The court should however know that the strike action is also to prevent hardship which might eventually cause the disloyalty stated in section 14supra.
The salt bath by Mahatma Ghandi at this time would be a good refuge for Nigerians.
"The only thing necessary for the triumph of evil is for good men to do nothing" - Edwin Burke.
Thank you.
Com.Fakiyesi Samuel O.
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