August 08, (THEWILL) – The Federal Government has withdrawn the contempt proceedings it filed against the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC).
This came after the NLC threatened a nationwide total strike if the charges are not withdrawn by August 11.
The Federal Government had, on Wednesday, through the Federal Ministry of Justice, sued the labour leaders for contempt before the National Industrial Court of Nigeria for allegedly failing to comply with the extant court orders, restraining the unions from industrial action.
It accused the labour unions of proceeding with the industrial action through public protests on August 2nd, 2023, over fuel subsidy removal dispute.
But the NLC had demanded the immediate withdrawal of what it described as “litigious terrorism by the Federal Ministry of Justice before the end of work Friday, the 11th of August, 2023.”
However, in a letter written to the lead counsel to the NLC, Femi Falana, the Solicitor General of the Federation, Mrs. B.E. Jeddy-Agba, said the Justice Ministry has withdrawn the contempt proceeding.
The letter to Falana Chambers dated August 7, and signed by Jeddy-Agba stated that: “Upon the intervention of His Excellency, President Bola Ahmed Tinubu and the decision of the labour unions to call-off their industrial action after meetings with the President and leadership of the National Assembly, this Ministry did not proceed further with the contempt proceedings, which would have required the issuance of Form 49 within two days of the issuance of Form 48.
“It is self-evident that the non-issuance of Form 49 as of 4th August 2023, renders the contempt proceedings inchoate.
“You may, therefore, wish to advise or guide the labour unions on the practice and procedure of contempt proceedings, particularly to the effect that the issues or concerns raised by NLC in its communique on the proceedings have been overtaken by events.”
While explaining further, Jeddy-Agba said the position of the Ministry was informed by the need to safeguard the integrity of the court and prevent avoidable service disruption or damages to public facilities.
She recalled the exchange of correspondence between the Ministry and Falana on the need for compliance with the extant court orders, restraining industrial action of any kind on the part of the NLC and TUC.
However, she noted that despite these exchanges/interventions, the labour unions, on August 2nd, 2023, proceeded with the industrial action through public protests, which led to disruption of work and the eventual pulling down of the gate of the National Assembly.
“The foregoing prompted the Ministry to initiate contempt proceedings by filing Form 48 on the same 2nd August 2023 in accordance with Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 of the Judgment (Enforcement) Rules. It is trite that issuance of Form 48 is just the starting point in contempt proceedings, which will only crystalise upon the issuance of Form 49 and the consequential committal order,” she added.
