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The Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) have filed a motion through their lawyer, Femi Falana SAN, arguing that the case against them by the Federal Government (FG) is liable to be struck out for want of jurisdiction and the ex-parte order set aside.
The unions argued that the court lacked the jurisdictional competence to hear and determine the case, as it was filed in violation of Section 17 {2} of the Trade Disputes Act.
They also contended for their rights to strike under the Trade Unions Act, the Trade Disputes Act, the ILO Convention and under several international treaties the NLC is a signatory.
The unions further argued that by virtue of Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, Nigerian workers have the fundamental right to protest against policies of the government considered inimical to their interests.
The unions applied for an order setting aside, discharging and/or vacating the ex parte interim order of injunction restraining them from embarking on the planned industrial action of any nature pending the hearing and determination of the claimants’ motion on notice for an interlocutory injunction made on the 5th June 2023.
