The Nigeria Labour Congress (NLC), has accused the federal government of plans to attack its members on the proposed planned protest across the country over economic hardship stating that deprived Nigerians cannot be easily intimidated.
In a statement on Sunday, which was signed by the NLC President, Joe Ajaero, identified the Nigeria Civil Society Forum (NCSF) as one of the groups being poised to attack the protesters during the peaceful rallies.
It urged international human rights bodies and the governments of the African Union (AU) and the United Nations (UN) to note that the right of the people to peacefully protest was being threatened.
The statement said, “We would want to inform Nigerians that the state has perfected plans to attack our peaceful rallies across the country. One of the groups being primed to attack our peaceful rallies is a nebulous name, the Nigeria Civil Society Forum (NCSF).
“NCSF is one of the emergency groups put together, funded, promoted, and remote-controlled by the government to cause violence against our members for electing to peacefully protest against the hunger in the land.
“We would want the state to know that the solution to our horrible economic situation and hunger is not by suppressing peaceful dissent or inflicting violence on peacefully protesting citizens, as the government did in Minna and other cities where its agents tear-gassed and beat up women before locking them up for raising their voice against hunger.
“It does not lie in the deployment of state-sponsored terror. The pangs of hunger cannot be cowed by bullets or tear gas.”
“In light of this, we at the NLC and civil society allies are moving ahead with our protest rallies against economic hardship and insecurity in line with the decision of the National Executive Council (NEC).
“As citizens, we have a fundamental right to peaceful protest and history bears us witness that our protests are always peaceful, except in instances of state-engineered violence.”
“Let no one be deceived, we and other deprived Nigerians cannot easily be intimidated. Lest those in power now who may have forgotten be reminded, we faced a more resourceful and resilient adversary to have democracy.
“All we are saying now is that let there be food for the people, let the people live in safety, let the people live a life of dignity devoid of suffocating IMF/World Bank economic policies.”
“We, however, remain resolute, determined, and prepared to express our pain and grief peacefully as Nigerians come 27th and 28th of February 2024.”
Meanwhile, Femi Falana, a Senior Advocate of Nigeria had written the Attorney General of the Federation (AGF) and Minister of Justice stating that it is the right of aggrieved Nigerians to protest and demand their right.
The Federal government had written the NLC advising that it disregarded the planned protest and chose dialogue as a way of addressing concerns.
“It would be recalled that following the removal of fuel subsidy by President Bola Ahmed Tinubu on May 29, 2023, the Federal Government commenced negotiations with the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) as the subsidy removal policy had brought untold hardship to Nigerians.
“While the negotiations were in progress, the Federal Ministry of Justice rushed to the National Industrial Court to file Suit No NICN/ABJ/158/2023 between the Federal Government of Nigeria & Anor. v Nigeria Labour Congress & Anor in respect of the same issues.
“On June 5, 2023, the Honourable Justice Yemi Anuwe granted the application of the Federal Government for an ex parte order to restrain the NLC and TUC from embarking on a strike against the removal of fuel subsidy.
“Although both the NLC and TUC complied with the ex parte order, they promptly applied to set aside the same for lack of jurisdiction.
“They equally asked for a stay of execution of the order ex parte pending the determination of the motion. The application to set aside the ex parte order filed by the defendants and the motion for interlocutory injunction filed by the claimants have not been considered as parties resolved to settle the case out of court.
“Even though the parties signed a 16-point memorandum of understanding, the Federal Government did not implement all the terms of the agreement. Hence, on August 2, 2023, both NLC and TUC held a peaceful protest throughout the country.
“Instead of implementing the Agreement, the Federal Government initiated contempt proceedings against the NLC and TUC at the National Industrial Court.
“We challenged the competence of the contempt proceedings. However, the Federal Government turned around to withdraw the application for contempt.
“On November 10, 2023, the Federal Government filed another Suit, No NICN/ABJ/322/2023 between the Federal Government of Nigeria & Anor. at the National Industrial Court against the NLC and TUC, notwithstanding the pendency of Suit No. Suit No NICN/ABJ/158/2023.
“On that same day, the President of the National Industrial Court, the Honourable Justice Benedict Kanyip, granted an ex parte order to restrain the NLC and TUC from embarking on the planned strike.
“However, His Lordship directed that the case file be transferred to Justice Olufunke Yemi Anuwe who is handling a similar labour dispute between the same parties.
“Both NLC and TUC challenged the competence of the fresh suit on the ground that it constitutes a gross abuse of court process, inter alia. The application has not been heard and determined by the National Industrial Court.
“Having withdrawn the contempt proceedings filed against the NLC and TUC for embarking on a public protest on August 2, 2023, you ought not to have threatened the NLC with contempt of court over its plan to hold rallies from February 27-28, 2024, against the astronomical cost of living in the country.
“We submit, without any fear of contradiction, that the proposed public protest of the NLC is not contemptuous of the two ex parte orders of the National Industrial Court.
“In particular, the issue of contempt does not arise as the NLC has challenged the jurisdiction of the National Industrial Court to entertain the substantive case.
“It is further submitted that the National Industrial Court has not restrained the members of the NLC from exercising their fundamental rights to freedom of assembly and freedom of expression to protest against the excruciating economic pains being experienced by the masses.
“In the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65, the Court of Appeal upheld the fundamental right of Nigerians to protest on matters of public interest without a police permit. In the leading judgment of the Court, Olufunmilayo Adekeye JCA (as she then was) held inter alia:
“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done…
“If as speculated by law enforcement agents that breach of the peace would occur, our criminal code has made adequate provisions for sanctions against the breakdown of law and order so that the requirement of a permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.”
“Since freedom of speech and freedom of assembly are part of the democratic rights of every citizen of Nigeria, the Court of Appeal further held that, “the legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”
“Consequently, the National Assembly has ensured that the right of aggrieved citizens to protest peacefully for or against the government is protected.
“Thus, section 83(4) of the Police Establishment Act 2020, which “where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting, rally or procession will take place shall mobilize personnel to provide security cover for the meeting, rally or the procession.”
“While we have advised the members of the NLC to conduct the rallies scheduled for February 27-28, 2024, peacefully, we urge you to use your good offices to direct the Inspector-General of Police to provide adequate security to the conveners and participants in the protest in line with the provisions of Section 83(4) of the Police Establishment Act.
“Finally, while awaiting your favorable reply to this letter, please accept, as usual, the assurance of our highest esteem.”
