The Chairman of the Joint Union Action Committee (JUAC), Riftkatu Iortyer, and Secretary, Abdullahi Saleh, have filed an application at the Court of Appeal, Abuja seeking leave to challenge the interlocutory ruling of the National Industrial Court which restrained them and their agents from embarking or participating in any industrial action.
The application was filed on Wednesday on behalf of the two union leaders by their lawyer, Senior Advocate of Nigeria, Femi Falana, and his wife, Funmi leading three other senior lawyers.
In the application brought pursuant to Section 6, 6b and section 36 (1) of the 1999 constitution as amended as well as under the relevant sections of the Court of Appeal Rules, the union leaders are seeking an order staying the execution of the ruling of Justice Emmanuel Subilim of the National Industrial Court granted yesterday, Jan 27th pending the determination of the appeal.
The appellants said they have duly prepared and exhibited their notice of appeal which raises serious, arguable and recondite points of law which has great chances of success at the appeal court.
FCTA workers began an indefinite strike last week over “authorities’ failure to address long-standing labour and welfare demands”.
The strike has led to the shutdown of activities across major government offices in Abuja.
On Tuesday, a National Industrial Court in Abuja ordered workers on the payroll of the FCTA to suspend the strike.
Delivering a ruling, Emmanuel Subilim, presiding judge, held that although the matter before the court amounted to a trade dispute, the defendants’ right to embark on industrial action was not absolute.
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He held that once a dispute has been referred to the national industrial court, any ongoing strike must cease pending the determination of the case.
On Tuesday, Nyesom Wike, minister of the Federal Capital Territory (FCT), said any striking FCTA employee that fails to resume work following the court order will face consequences.
“Are there no consequences for disobeying the law? Must we allow people break the law flagrantly? I have given them a window but from tomorrow, if they don’t come to work, we will apply the big stick,” Wike said.
“From tomorrow (Wednesday), if we see anybody who wants to block the gate, they will be made a scapegoat. The law must take its place.”
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