The Nigerian government has officially withdrawn its pursuit of contempt of court charges against organized labor for their participation in a nationwide protest. In a letter addressed to Falana and Falana’s Chambers, lead counsel to the NLC, and obtained by the News Agency of Nigeria (NAN) on Tuesday in Abuja, the Solicitor General of the Federation, Mrs. B.E. Jeddy-Agba, conveyed this decision.
The letter, dated August 7th, outlined that the Ministry of Justice, through the National Industrial Court (NICN), had summoned the organized labor leadership over contempt of court charges due to their engagement in the protest. This move came in response to the labor’s threat to initiate a nationwide strike beginning August 14th, unless the government withdrew the contempt charges.
The organized labor movement had staged a mass protest to address the government’s anti-poor policies, specifically the removal of subsidies, which had significantly impacted the Nigerian populace.
The letter stated, “It’s important to recall the correspondence exchanged between the ministry and your office regarding the necessity of adhering to existing court orders that restrain any form of industrial action by the Nigeria Labour Congress and Trade Union Congress.”
The ministry’s stance was rooted in the desire to preserve the court’s integrity and prevent disruptions to public services or infrastructure. Despite these exchanges, the labor unions proceeded with their protest on August 2nd.
The protest escalated into disruptions at work and the eventual breach of the National Assembly’s gate. As a result, the ministry initiated contempt proceedings by submitting Form 48 on August 2nd in accordance with Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 of the Judgment (Enforcement) Rules.
The letter clarified, “Issuance of Form 48 marks the initial step in contempt proceedings, which only culminates with the issuance of Form 49 and the ensuing committal order.”
However, President Bola Tinubu’s intervention and the labor unions’ decision to halt their industrial action following meetings with the President and National Assembly leaders prompted the government not to pursue the contempt proceedings further. This prevented the issuance of Form 49 within the required two-day period from the issuance of Form 48, rendering the contempt proceedings incomplete.
The letter advised the labor unions on the practice and procedure of contempt proceedings, particularly noting that the concerns raised by the NLC in their statement had been superseded by subsequent developments.
