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In continuation, His Lordship, Hon. Justice Babatunde Adejumo, OFR –President of the National Industrial Court of Nigeria made this remark during an interview with Journalists of the News Agency of Nigeria, Barristerng.com recently in his office.
Read from the excerpt below;
QUESTION:
There is this perception that NIC is pro-government, why is NIC always coming up to protect the interest of the government?
ANSWER:
It is not true; people are saying that because they don’t have adequate knowledge on the formidability of the court and the instrumentalities of the Law. For instance, when you go on strike, the Trade Union Act is there, that regulate how people can go on strike; must give notice, you must vote within your union; you must have majority “YES” that you are going on strike, then the cause of the strike must affect you.
Take for instance case, we elect law-makers to make laws for us at the National Assembly, if workers have problem and they say they are not going to work, they have the right to say that but you lock out the legislator, you lock out the chambers and everything, nobody can move. We elected them to do their work. If you are not going to work, stay outside; if I say I want to go and work, you have no right to hold me that I should not go to work and I have no right to tell you that you should not continue with your strike.
If you lock the gate saying nobody will move, it is a public place which everyone has the right to go then we will not be looking at you taking the laws into your hands because that is an unlawful act.
Pic Insert: NICN HQRTS then at Ojuolobun Lagos
If you don’t want to go to work, stay; if I want to go, I will go, we shouldn’t allow the breakdown of law and order. The court duty is to let you not embark on that strike and I have just told you that once you go on strike there are lots of consequences.
At the end of the day, they will settle their disputes; people would die in the hospital, those who are dead will they come back? Why not prevent the strike, when we prevent the strike we told them to come back 7days and the purpose of saying that is to give them time to see if they can settle the cause of dispute, we now tell the employers, don’t take any action to punish them for going on strike unfairly when we resolve this issue.
You just wake up and say no bank must operate, no movement in the air, the sea and the land, no medical doctors, nurses or medical worker must do anything, all market must be closed, everybody must stock food in his/her house(s), is it everybody that has money to stock buy food? they can’t survive 1-week, when those people became exhausted they will visit us with their guns or knife, where is food bring it out?
We don’t just say don’t go on strike; those who are advocate should look at how many times we have said to the government that what you did to these workers was unlawful, and ordered for their reinstatement.
The court has not been saying no work, no pay, but, that is the law; if you decide to go on strike you are free, but you are not entitled to pay for the duration you decided not to work but if your employer locks you out and you are ready to work, you are entitled to your pay, you have made yourself available for work, he refused to give you work to do, he has to pay you but if he is giving you work to do and you say you are not working, he cannot force you to work.
QUESTION:
My Lord Sir, you mentioned the issue of discipline, I must say aside from the issue of Justice Agbadu-Fishim that was mainly of misconduct, in an era where judicial is hunted for corruption. For 17 years, this court seems to be out of that controversy entirely, how did my lord achieve this?
ANS:
Well, you see the issue of corruption, is left to the individual and the issue of their background. We must learn how to be contented with what we have, you cut your coat according to your cloth, not size.
Pic Insert: Some of the NICN Divisions as at today
This is a court that once corruption enters, people will lose their interest, they won’t come here again, they will like to go to town and cause problem for society.
So, I think maybe the judges, the rigorous steps they go through, they write exams. I set my question myself, we will be there to supervise them and when we are marking, the judges from the southern part will mark papers of the judges from the northern region and judges from the northern part will mark that of the judges from the southern region, you will be also examined by the Federal Judicial Service Commission and they will select carefully.
Unfortunately, about the case of Justice Fishim’s you just mentioned, I won’t like to comment on it because the matter is in the court.
For 16 years, we have been in this court and it has never happened, our judges are fantastic, they allow decorum to guide them and we do the best possible things here in terms of welfare, the little we have, we take care of all the judges in the court.
Pic Insert: Court Room
We believe in fairness, whatever we have no matter how small, is not for the judges alone it’s for all of us. At times I sacrifice particularly welfare, I don’t want to know whether you are a junior staff, about 2 of them recently were taken to American, Dubai for treatment and my Judges welfare is my priority.
For a court dead of over 25 years to become resuscitated to the global standard within 17 years, I must have done a lot. It is not easy to bring it to this level and we are still working. So, that is why I need to rest when I retire in a few months’ time.
QUESTION:
What about those essential workers?
ANSWER:
The essential workers, the government should not make them or push them to the wall. You can’t just wake up and say that you are shutting down police; they are not even supposed to go, eh! A lot of things would happen, we will be in trouble. This is why they make those laws but again, if you are using those laws, create an avenue for them to hear their grievances and listen to them so that you will not be pushed to the wall, and once the court says go back and you didn’t go back, the law will not be on your side because it is an unlawful strike and you can be dealt with.
That was why in 2011 or so when I ruled a case on minimum wage, I told them they can’t do that, the NNPC, CBN, Hospital and everywhere were closed and labour said everyone should sit at home that it was an indefinite strike, no bank must work, where are we? I said NO” they must go back to work.
To be continued...
