Falana to FG: NLC’s Planned Protest Does Not Violate Any Law, Nor Court Order

Human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana has said the Nigeria Labour Congress (NLC) and its allies have legal right to protest against government policies that negatively affect their members.

But the Nigeria Employers’ Consultative Assembly (NECA) has called for a rethink of recent mobilisation by the NLC and the Trade Union Congress of Nigeria (TUC) for industrial strike and civil action, saying it portends serious danger for the survival of sustainable enterprises and national development in Nigeria.

Also, yesterday, the TUC said it will meet this week to decide on the next option to pursue in order to get the government to address its demands.

However, Falana argued that the right to demonstrate and protest on matters of public concern were in public interest, which he stressed individuals must possess and should exercise without impediment as long as no wrongful act was done.

In a letter dated July 28, 2023, and addressed to the Permanent Secretary of the Federal Ministry of Justice and Solicitor General of the Federation, Falana stressed that the NLC was not in contempt of any court order.

The federal government through the Solicitor General had in reaction to the decision of Nigerian workers to participate in peaceful rallies to protest the worsening economic crisis in the country accused the leaders of the NLC of treating the order of the National Industrial Court with contempt.

However, in his letter, Falana stated: “Contrary to your unwarranted allegation, the NLC does not intend to disobey the ex parte order of the National Industrial Court to the effect that the defendants/Respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the Motion on Notice dated 5th June 2023.”

According to Falana, the National Industrial Court or any other court did not grant an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the NLC.

He stated further: “Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an industrial action or strike of any nature, you ought not have threatened our client with contempt of court.

“It is pertinent to draw your attention to the case of ‘Inspector General of Police V All Nigeria Peoples Party (2008) 12 WRN 65,’ where the court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgment of the Court, Justice Adekeye said as follows:

“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.

“If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.”

Falana, further stated that freedom of speech and freedom of assembly were part of democratic rights of every citizen of the country, adding that, “the legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”

With regard to the nationwide protest scheduled for Wednesday, Falana said having, “advised the NLC and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020, which “where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to , the police officer responsible for the area where the meeting rally or procession will take place shall mobilise personnel to provide security to provide security cover for the meeting, rally or the procession.”