Skip to main content

Planned labour strike in solidarity with ASUU is not 'illegal'- Femi Falana (SAN)

 

Human rights lawyer, Femi Falana has said that the planned strike by labour leaders to compel the federal government to resolve the over five-month-old strike by members of the Academic Staff Union of Universities (ASUU), is not illegal as claimed by government officials.


In a statement on Sunday, Falana who is a Senior Advocate of Nigeria, said the protest cannot be said to be illegitimate as Sections 39 and 40 of the Constitution of the Federal Republic of Nigeria 1999 create room for freedom of assembly of Nigerian workers.


It read; 


 THE LEGALITY OF THE PLANNED PROTEST BY THE NIGERIA LABOUR CONGRESS IN SOLIDARITY WITH ASUU


    As a sequel to the failure of the Federal Government to resolve the industrial action embarked upon by the Academic Staff Union of Universities (ASUU) over 5 months ago, the Nigeria Labour Congress (NLC) has announced plans to embark on nationwide protest marches and rallies in support of ASUU on July 26 and 27. 2022. However, the Federal Government has declared the proposed protest illegal. The Minister of Information and Culture, Mr. Lai Mohammed stated this while briefing journalists on the decisions of the Federal Executive Council (FEC) at its meeting in Abuja last Wednesday.

With respect, the proposed protest cannot be said to be illegal since it is an expression of the freedom of expression and freedom of assembly of Nigerian workers guaranteed by sections 39 and 40 of the Constitution of the Federal Republic of Nigeria 1999 and articles 39 and 40 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act Cap A9, Laws of the Federation of Nigeria, 2004. Indeed the fundamental right of the people of Nigeria to protest for and against the Government was upheld by the Court of Appeal in the celebrated case of the Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65


In the leading judgment of the Court of Appeal, Adekeye JCA (as then was) held that “Public Order Act should be promulgated to compliment sections 39 and 40 of the Constitution in context and not to stifle or cripple it. A rally or placard-carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a trend recognised and deeply entrenched in the system of governance in civilised countries. It will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.”


In line with the injunction of the Court of Appeal the National Assembly ensured that the right of Nigerian citizens to assemble and express themselves freely and peacefully has been complimented by the Police Establishment Act 2020. The Act has imposed a duty on the Nigeria Police Force to provide adequate security during meetings, rallies and processions convened by Nigerian citizens. Specifically, section 83(4) of the Act stipulates as follows:


“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.”


Having confirmed that the Nigeria Labour Congress has notified the Authorities of the Nigeria Police Force of the planned protest marches and rallies in strict compliance with the aforementioned provision of the Police Establishment Act, 2020, we call on the Federal Government to respect the democratic wishes of Nigerian workers to identify with the striking university lecturers. Since the protest by the NLC is just and legitimate the ASCAB has mobilised lawyers in the Federal Capital Territory and the 36 States of the Federation to provide legal services for the protesters.

Femi Falana SAN,


Interim Chair,


Alliance on Surviving Covid 19 and Beyond (ASCAB).


24th July, 2022


Comments

Post a Comment

Popular posts from this blog

Vulvar Care Tips

Vulva Care Maintaining a healthy vulva and vagina will help prevent infections and discomfort. Unusual changes in vaginal discharge is a sign that there might be an issue. Why is vulvar and vagina care important? Many women experience uncomfortable, vaginal infections (vaginitis) at one time or another. The area around the entrance to the vagina (vulva) can also become irritated. Steps can be taken to relieve and prevent vulvar discomfort and vaginal infections. Not all vaginal infections are alike and home treatments can worsen some types. If you have any concerns about your vulvar or vaginal health, or notice unusual changes in vaginal discharge, contact your healthcare provider if the problem persists. What is the vulva? The vulva is the area of female sex organs that lies outside of the vagina. These organs include folds of sensitive tissue called the labia (labia means "lips"). The labia has two parts. The outermost folds are called the labia majora. A secon...
Post a Comment
Read more

Chechnya leader makes Mo Salah honorary citizen

Chechnya leader Ramzan Kadyrov has made Egypt’s talismanic striker Mohamed Salah an honorary citizen of the southern Russian region at a farewell banquet held for the eliminated World Cup side. Rights groups and Western governments allege that authorities in Chechnya repress their political opponents, discriminate against women and persecute sexual minorities, all allegations that Chechnya’s leaders deny. Chechnya has been hosting the Egyptian team’s World Cup training camp and Kremlin-backed Kadyrov has seized on opportunities to appear alongside Salah. Sarah’s goalscoring exploits for Liverpool and Egypt have made him an international superstar. “Mohamed Salah is an honorary citizen of the Chechen Republic. “Yes, that’s right! Tonight I signed a decree conferring this high award on the great footballer and member of the Egypt and Liverpool teams,” Kadyrov wrote on Telegram. Salah was presented with a badge and a copy of the decree at the dinner, Kadyrov said. The Egy...
Post a Comment
Read more

Oil prices rise amidst uncertainty over Libyan crude exports

Oil prices rose, Tuesday on uncertainty over Libyan oil exports, although plans by producer cartel OPEC to raise output loom. Brent sweet crude futures, the international benchmark for oil prices, were at 74.95 dollars per barrel at 01.04 GMT, up 22 cents, or 0.3 per cent from their last close. The United States West Texas Intermediate (WTI) crude futures were at 68.33 dollars a barrel, up 25 cents, or 0.4 per cent. Traders said prices were mostly driven higher by uncertainty around oil exports by Libya, a member of the Organisation of the Petroleum Exporting Countries (OPEC). Eastern Libyan commander, Khalifa Haftar’s forces have handed control of oil ports to a separate National Oil Corporation (NOC) based in the East of the country. The official state-owned oil company based in the capital Tripoli, also called NOC, will not be allowed to handle that oil anymore, he said. In comments later confirmed to the media, Ahmed Mismari, spokesman of Haftar’s Libya National Army...
Post a Comment
Read more