The government has dropped its lawsuit against the Trades Union Congress and the Nigeria Labour Congress.
In a letter to the Nigeria Labour Congress dated August 7, 2023, the Federal Ministry of Justice explained that the contempt proceedings filed against the congress for beginning a nationwide protest the previous Wednesday had been superseded by events and no longer stood.
Beatrice Jeddy-Agba, the ministry’s permanent secretary, wrote a letter explaining that the ministry initiated contempt proceedings before President Bola Tinubu and the National Assembly could get involved.
It reads in part, “The attention of the Federal Ministry of Justice has been drawn to the Communique issued by the Nigeria Labour Congress on 3 August 2023, in which NLC announced the suspension of its nationwide protests and critically criticized the contempt summons issued by the National Industrial Court (“Court”), amongst other issues.” The message was sent to NLC’s attorney, Femi Falana.
“Recall the Ministry’s and your Office’s correspondence on the necessity to obey the existing court orders, prohibiting any sort of industrial action by the Nigeria Labour Congress and Trade Union Congress.
The Ministry’s stance was influenced by the need to protect the legitimacy of the judicial system and forestall needless disruptions in service or destruction of public property.
“However, despite these exchanges/interventions, on 2nd August 2023 the labor unions persisted with the industrial action through public rallies, which disrupted work and eventually led to the pulling down of the gate of the National Assembly.
According to Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 of the Judgement (Enforcement) Rules, the Ministry has begun contempt proceedings as of the 2nd of August 2023 by filing Form 48.
It goes without saying that the formal contempt proceedings do not begin until Form 49 and the subsequent committal order are issued. This Ministry did not continue with the contempt proceedings, which would have required the issuance of Form 49 within two days of the issuance of Form 48, due to the intervention of His Excellency, President Bola Ahmed Tinubu and the decision of the labor unions to call off their industrial action after meetings with the President and leadership of the National Assembly.
It should go without saying that the contempt proceedings are inconclusive as of 4′ August 2023, since no Form 49 has been issued. In light of the fact that the questions and concerns stated by NLC in its communique on the proceedings have been superseded by circumstances, you may decide to advise or assist the labor unions on the practice and method of contempt actions.