FCTA Workers’ Strike: JUAC Heads To Appeal Court

The Chairman of the Joint Union Action Committee (JUAC), Riftkatu Iortyer, and its Secretary, Abdullahi Saleh, have approached the Court of Appeal, Abuja, seeking leave to challenge the interlocutory ruling of the National Industrial Court restraining them and their members from embarking on industrial action.

Naijaonpoint reports that the application was filed on Wednesday on their behalf by a team of lawyers led by Senior Advocate of Nigeria, Femi Falana, with his wife, Funmi Falana, and three other senior counsel.

In the motion brought pursuant to Sections 6, 6(b) and 36(1) of the 1999 Constitution (as amended), as well as relevant provisions of the Court of Appeal Rules, the applicants are seeking an order staying the execution of the ruling delivered by Justice Emmanuel Subilim of the National Industrial Court on Tuesday, January 27, pending the determination of their appeal.

The union leaders argued that they had already prepared and exhibited a notice of appeal which raised serious, arguable and recondite points of law with strong prospects of success at the appellate court.

They maintained that the order restraining them from embarking on industrial action infringes on their constitutional rights and ought to be stayed pending the outcome of the appeal.

Workers of the Federal Capital Territory Administration (FCTA) had commenced an indefinite strike last week over what they described as the authorities’ failure to address long-standing labour and welfare demands.

The industrial action led to the shutdown of activities across major government offices in Abuja.

However, on Tuesday, the National Industrial Court ordered workers on the payroll of the FCTA to suspend the strike.

In his ruling, Justice Subilim held that although the matter amounted to a trade dispute, the right of workers to embark on industrial action was not absolute.

He ruled that once a dispute is referred to the National Industrial Court, any ongoing strike must cease pending the determination of the case.

Reacting to the court order, the Minister of the Federal Capital Territory, Nyesom Wike, warned that any FCTA worker who failed to resume work would face sanctions.

“Are there no consequences for disobeying the law? Must we allow people to break the law flagrantly?” Wike said.

“I have given them a window, but from tomorrow, if they don’t come to work, we will apply the big stick.

“From tomorrow, if we see anybody who wants to block the gate, they will be made a scapegoat. The law must take its place.”