FG: Proposed NLC/TUC Strike “Illegal and Premature”

The federal government has declared the planned nationwide strike by organized labour unions, the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC), as illegal.

Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, communicated this stance in a letter addressed to the presidents of NLC and TUC. Fagbemi emphasized that the call for industrial action is “ineffectual, premature, and illegal.”

The labour unions announced on Friday that they intend to commence an indefinite strike on June 3, demanding an increase in the minimum wage from N60,000 and a reversal of the recent electricity tariff hike. Ben Ukpa, the NLC spokesperson, highlighted these issues as central to their planned industrial action.

Fagbemi pointed out that the federal government and other stakeholders in the Tripartite Committee have not concluded negotiations on a new national minimum wage. Additionally, he noted that the unions did not issue the mandatory 15-day strike notice as stipulated by the Trade Disputes Act 2004 and the Trade Unions Act.

The AGF also referenced a 2023 order from the National Industrial Court that restrained the unions from engaging in industrial actions, stating that the planned strike conflicts with this order and ongoing mediatory efforts.

“You are aware that the federal and state governments are not the only employers to be bound by a new national minimum wage. Hence, it is vital to balance the interest and capacity of all employers of labour in the country, including the Organized Private Sector, to determine a minimum wage for the general working population,” Fagbemi’s letter stated.

He reiterated that compliance with Sections 41(1) and 42(1) of the Trade Disputes Act 2004, which mandate a 15-day strike notice, is essential for the legality of any strike action.

“In light of the above, the call to industrial action is premature, ineffectual, and illegal. The proposed strike action also contradicts the National Industrial Court’s order and ongoing settlement efforts related to the issues at hand,” Fagbemi concluded.