But the NLC and TUC in a Motion on Notice dated June 7, filed June 8, by their lawyer, Mr Femi Falana, SAN, are claiming that the suit by the federal government and the reliefs sought offend the lucid provisions of Section 254C (1) (f) of the 1999 Constitution and section 7(6) of the National Industrial Court Act 2006, and thus, the ex-parte order should be set aside.
The defendants claimed that they and their members have a right to go on strike under the Trade Unions Act, the Trade Disputes Act, the ILO Convention and under several international treaties that the 1st Claimant/Applicant is a signatory to.
“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 plaintiffs suit is lacking in bona fide, as it was filed to harass, irritate and embarrass the Defendants/Applicants, which constitutes an abuse of judicial process,” said NLC and the TUC.
While stating that the federal government suppressed material facts before the court and thereby misled the court in granting the exparte reliefs sought and obtained, the respondents argued: “In the circumstances and under established judicial authorities, as well as extant rules of the court, the claimants suit as presently constituted against the defendant is liable to be dismissed or struck out for want of jurisdiction and the ex parte order set aside.”
In a 16-paragraph affidavit in support of the Motion on Notice marked: NICN/ABJ/158/2023, the defendants recalled that when former President Goodluck Jonathan abruptly removed subsidy on January 1, 2012, Tinubu and other leaders of his party, including former President Muhammadu Buhari led the occupy Nigeria protest until the policy was reversed.
“That the protesters of 2012 had insisted that the government must build/revamp refineries, tackle corruption and cut costs before removing the subsidy of PMS.
