Court stops Kaduna govt from probing NLC warning strike

The National Industrial Court has granted an order of interim mandatory injunction to restrain the Kaduna State Government or any of its representatives from carrying out the probe of the warning strike and all forms of industrial action carried out by the Nigeria Labour Congress (NLC) between May 16, 2021 and May 19, 2021 in the state.

Justice Obaseki Osaghae of the National Industrial Court sitting in Abuja gave the order of interim mandatory injunction, following a motion ex-parte sought by the NLC to stop the Judicial Commission of Inquiry set up by the Kaduna State Government from probing the industrial actions.

The court said it took the necessary decision upon reading the application and affidavit in support of the motion ex-parte sworn to by Comrade Benson Upah on behalf of the NLC, and after hearing the argument of Femi Falana, SAN, for the congress.

Justice Osaghae, thus ordered “an order of interim injunction restraining the third defendant/respondent (Kaduna State Judicial Commission of Inquiry) as constituted by the first defendant (Kaduna State Government) or by whosoever else the Judicial Commission might hereafter be variously presided over, or otherwise constituted, from enquiring into, deliberating upon, investigating, or from continuing to enquire into, deliberate upon, investigate, or from further enquiring into, deliberating upon, investigating, procuring evidence, whether by compelling the attendance before it (by issuance of witness summonses or warrants of arrest, or however otherwise), members of the first claimant/applicant or other members of the public to tender any evidence or render assistance to the third defendants in its enquiries, deliberations, determinations, investigation in relation to the activities of the first claimants/respondent of May 19, 2021 or any other related activity of the first claimant/respondent arising therefrom or connected thereto, until the determination of the claimant’s/applicant’s motion of interlocutory injunction injunction.”

The National Industrial Court also granted an order of interim injunction “restraining the third defendant/respondent from giving effect to and/or acting pursuant to the powers contained in the Terms of Reference of the third Defendant dated July 6, 2021, as set up by the first defendant under the Commissions of Inquiry Law (Cap 34), Laws of Kaduna State of Nigeria, until the determination of the claimants’/applicants’ Motion for Interlocutory Injunction filed contemporaneously with the filing of this ex-parte application, or further order.

“An order of interim injunction restraining the defendants, whether acting by themselves, their servants, agents, privies or otherwise howsoever, from inviting, ascertaining, examining, procuring evidence, summoning, subpoenaing, making orders as to cost and compelling members of the 1st claimant/applicant to attend any hearing session, meeting, trial, interrogation, investigation, panel session, howsoever called, in relation to, and/or connected with the first claimant/applicant’s warning strike of May 16, 2021, to May 19 2021, and the actions and events associated with it, until the determination of the claimants’/applicants’ Motion for Interlocutory Injunction.”

The court granted leave to the claimants/applicants “to issue and serve the Originating Summons and every other court process, including the motion on notice for an interlocutory injunction on the defendants/respondents in Kaduna, via Kaduna State Government House, Kaduna, Kaduna State.”

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