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Abuja --His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, Abuja Judicial Division on Friday 2nd November 2018 granted an interim injunction, restrained Nigeria Labour Congress and Trade Union Congress form embarking on the November 6th Planned Strike expressing that if the proposed strike is allowed to proceed as planned there will be monumental loss due to people not been able to access medical facilities. Even where one can access, the medical personnel may not be available to cater for the need of patients. Likewise, people in IDP’s who depend on assistance from other people may develop medical complications and death may be imminent.
The Federal Government of Nigeria and Attorney General of the federation seeking against the Nigeria Labour Congress, Trade Union Congress and Incorporated Trustees of the National Governors Forum among others; AN ORDER of Interim Injunction restraining the 1st and 2nd Defendants, their member, agents, privies, employees, workmen, servants or proxies from declaring, embarking on or taking part in the strike or Industrial Action scheduled to commence on 6th November 2018 in whatever form pending the hearing and determination of the Claimants/Defendants’ motion on Notice for interlocutory injunction. Likewise, AN ORDER referring this matter to the Alternative Dispute Resolution Center of this Honorable Court for the purpose of mediation or conciliation.
The Claimant’s Counsel Dayo Apata Esq, with Omonowa Esq, T.A Gazali Esq, Chinwe Achara Esq, Oyin Koleosho Esq, filed the application and Affidavit of support of the Motion Exparte for Interim Injunction.
After carefully appraising the facts and circumstance that led to the institution of this action, His Lordship, Hon. Justice Sanusi Kado expressed thus;
“This Court has a duty to weigh the balance of convenience to see where it tilts. The court also has a duty to ensure that the rights of the larger society are not trampled upon by the action of the actors involved in this suit.
“I am afraid, going by the affidavit evidence before the court, if the proposed strike is allowed to proceed as planned there will be monumental loss due to people not been able to access medical facilities. Even where one can access, the medical personnel may not be available to cater for the need of patients. Likewise, people in IDP’s who depend on assistance from other people may develop medical complications and death may be imminent.
“An order of interim injunction is hereby granted restraining the 1st and 2nd defendant their members privies, agents, previous employees workmen, or servants from embarking on or taking part in the Planned strike or Industrial activities scheduled to come on 6th November, 2018 whatever form, pending the hearing and determination of the Motion on Notice for interlocutory injunction pending before this Court.
“The 3rd defendants being one of the major stakeholders in labour industry should also not do anything that will in any way that will adversely affect the interest of their workforce pending the hearing and determination of the suit.
His Lorship stated that the above orders of interim injunction were granted due to the urgency of the application and the desire to prevent economics loss to both public and private institutions and to protect the human rights of people who are never engage in public or private businesses.
“From this exposition, it is my view that balance of convenience is in the side of granting of this application.
“Thus, this case is adjourned to 8th November 2018 for hearing of the motion on notice. All the parties concerned should be immediately served with this order.” Justice kado Ruled.
