Human rights lawyer Femi Falana says the Nigeria Labour Congress and its affiliates can proceed on the Aug. 2 strike and protest as planned, saying the exercise does not translate to contempt of court.
This is contained in a letter from the Falana Falana Chambers, solicitors to the NLC, by Sam Ogala, titled “Re- NLC in contemt of Court” and addressed to the Permanent Secretary/ Solicitor-General, Federal Ministry of Justice on July 28.
Falana said the decision of the NLC to participate in peaceful rallies is for the interest of the masses and to protest the worsening economic crisis in the country.
“You were reported to have accused the leaders of the Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.
“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court.
“And 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 June 5.”
“It is pertinent to draw your attention to the case of Inspector- General of Polic vs Nigeria People Party (2008) of where the Court 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.
“This includes 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 will 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.”
