"NLC Asserts: No Court Order Restrains Peaceful Protest, Government Informed"

The Nigeria Labour Congress (NLC) has communicated to the Solicitor-General of the Federation and Permanent Secretary of the Ministry of Justice that there are no court orders, whether interim, interlocutory, or perpetual, restraining Nigerian workers from participating in peaceful rallies organized by the NLC. They also reminded the government that there is an existing judgment affirming the right of individuals to demonstrate and protest on matters of public concern, as long as no wrongful act is committed.

The NLC conveyed this message through a letter from Falana chambers addressed to the Permanent Secretary/Solicitor-General, signed by Sam Ogala Esq. The letter was issued in response to the government's accusation that the NLC was in contempt of the National Industrial Court's order.

The NLC's planned protest for August 2 is in response to the removal of subsidy on petrol, which has caused hardships for Nigerians, and the government's failure to provide adequate palliatives to mitigate the impact of subsidy removal.

The NLC clarified that they do not intend to disobey the ex parte order of the National Industrial Court, which restrains the defendants/respondents from engaging in any planned industrial action or strike until a Motion on Notice, dated June 5, 2023, is heard and determined.

The NLC emphasized that neither the National Industrial Court nor any other court has issued an order to restrain Nigerian workers from participating in peaceful rallies. They argued that the right to protest peacefully is not comparable to an industrial action or strike and should not be construed as contempt of court.

The letter referenced the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65, where the court upheld the fundamental right of Nigerians to protest without police permit. The court stated that the right to demonstrate and protest on matters of public concern is in the public interest and should be exercised without hindrance, as long as no wrongful act is committed. The court also highlighted that laws are in place to deal with any breach of peace that may arise from such gatherings.

In conclusion, the letter urged the government to uphold the democratic rights of citizens, including freedom of speech and assembly. It also advised the Nigeria Police Force to comply with the Police Establishment Act 2020, which mandates providing security cover for public meetings, rallies, or processions when duly notified by individuals or organizations. The NLC and its allies were encouraged to conduct the rallies peacefully.