News Investigators/ The Nigeria Labour Congress (NLC) has queried the haste with which injunctions and ex-parte orders are sought and granted by court to stop workers from realising their legitimate objectives.
NLC’s President, Joe Ajaero, stated this on Thursday at the 2025 Annual Public Lecture of the National Industrial Court of Nigeria (NICN) in Abuja.
The News Agency of Nigeria (NAN) reports that the lecture had as its theme: “Labour Justice and Labour Law Education.”
Mr Ajaero said the speedy grant of injunctions and ex-parte orders to government and employers in the country had become a significant impediment to industrial harmony.
“It is therefore our firm belief that the judicial process, especially under the sacred mandate of the National Industrial Court, must not be used to further the emasculation of workers and their organisations.
“On the contrary, it must be deployed as a shield to protect the weak and vulnerable worker from the paws of unconscionable employers.
“This is the core of your lordships’ sacred mandate,” he said.
He said: “We are compelled to ask: Why does it appear that it is only the government and employers that are hastily granted such injunctions by the NICN?
“It is in the light of this that we must address a growing and deeply disturbing challenge: the use, and often misuse of injunctions by employers and governments to stifle workers’ constitutional rights to associate, assemble, and hold an opinion and the pliant disposition of some of the judges.”
According to him, this trend requires urgent remediation if we are to make any meaningful progress towards true labour justice.
He said these orders, often obtained in haste, are routinely used to truncate the legitimate activities of workers and their unions.
“This judicial tool, meant to preserve the status quo, has been weaponised to emasculate labour and tilt the balance of power decisively and unjustly against the workforce,” he said
Mr Ajaero said the union also observed a troubling one-sidedness in the judicial application of Section 40 of the 1999 Constitution.
“While the right of individuals to belong to the political party and religion of their choice is vigorously protected, the correlative right to belong to the trade union of one’s choice appears to be treated with less judicial fervour.”
The president, who observed that NICN is the specialised court vested with the jurisdiction over the labour laws, urged the court to take cognizance of the constitutional provision in its entirety and deliver justice in a consistent manner.
According to him, the NICN must affirm that the freedom of association is as fundamental in the workplace as it is in the polling booth or the place of worship.
He also called on the executive arm of government to, without further delay, transmit the Reviewed Labour Administration Laws to the National Assembly for passage into Law.
Mr Ajaero said a healthy, harmonious, robust and productive industrial relations space is the bedrock of national development.
He said a fair, impartial and efficient adjudicatory process is necessary to realise this.
The President of the Trade Union Congress (TUC), Festus Osifo, said labour law education is key to preventing labour-related disputes.
Represented by Mr Iyen Adegbe, member of TUC National Trustees, Osifo said while jjustice is central, education is equally vital.
“Many conflicts in workplaces are born not only out of deliberate violations but also out of ignorance of the law.
“A workforce that understands its rights and obligations, and an employer community that is well acquainted with labour statutes, are better positioned to prevent disputes rather than perpetually resolve them.”
The President of NICN, Justice Benedict Kanyip, called for a collective effort of all stakeholders to deepen the promotion of labour justice as a way of enhancing industrial harmony and social justice in the country.
Justice Kanyip said this year’s edition was the fourth of the court’s public lecture series of the court since he assumed office in 2019.
Justice Kanyip observed that the focus of the lecture became imperative in view of the scope of poor understanding of labour laws that prevails among the populace.
He called for the popularisation of labour laws in schools to enable more people become acquainted with what the laws say and what roles are expected of them in matters of labour relations.
“We are covering the field right to interrogate the principles of Labour justice and labour law education. Labour justice and labour law education are intertwined concepts.
“While labour justice refers to the principles of fairness and equity in the workplace, encompassing the legal rights and protections afforded workers, labour law education involves the study and teaching of labour laws so as to ensure understanding and application of these principles by workers and employers, legal professionals and indeed the society in general.
“This education is crucial for promoting social justice and adherence to legal regulations like minimum wage, working conditions anti-discrimination laws and the general impact on the economy.
“Labour justice is therefore, a framework rooted in social justice , human rights and the rule of law, which aims to ensure fairness, dignified working conditions for all,” Kanyip said.
Prof. Ademola Popoola of the Obafemi Awomolo University (OAU), Ile-Ife, advised that “as we pursue the concept of labour justice, we should do so in the context of human security.”
Popoola, who was the guest speaker, said the concept of human security is now in the forefront of the constitution.
He suggested that the provisions as contained in chapter two of the country’s constitution should be reviewed to make them justiciable as a way of enhancing social justice.
The professor, who urged aggrieved workers to explore other dispute resolution mechanisms, warned that if the capacity of the NICN is not promptly enhanced, it would soon be overwhelmed.
NAN
