NECA: Labour's Right to Strike Not Absolute, Subject to Nation's Sovereignty

The Nigeria Employers’ Consultative Association (NECA) has asserted that the right to strike, while recognized internationally, is not absolute and remains subject to national sovereignty. This clarification follows an International Court of Justice (ICJ) advisory opinion delivered on May 20, 2026, which affirmed the right to strike under ILO Convention No. 87.

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We acknowledge the advisory-opinion of the ICJ that the right to strike is protected under Convention 87 of the ILO. However, it is very important to note that in the same breath, the ICJ explicitly declined to define the ‘content, scope, or conditions’ of the right to strike.

NECA Director General Adewale-Smatt Oyerinde explained that the ICJ's opinion explicitly declined to define the specific content, scope, or conditions of the right to strike. Therefore, he stated, the advisory opinion does not supersede national legislation. Nigeria retains the authority to establish limitations on industrial actions through its own Labour and Trade Disputes Acts.

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Consequently, the advisory opinion does not override national laws. Nigeria retains the sovereignty to define the limitations of industrial action through its own Labour and Trade Disputes Acts.

Oyerinde highlighted historical ILO records indicating the right to strike was intentionally excluded from Convention No. 87 during its drafting. He also noted that four ICJ judges dissented, arguing the opinion constituted "human rights advocacy" rather than standard treaty interpretation, supporting NECA's position that supervisory bodies have historically overstepped their mandates.

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Our association will continue to support the stance previously taken by the Nigerian government, which favoured resolving these complex labour issues through consensus-building rather than judicial determination.

NECA remains committed to social dialogue and tripartism, supporting the Nigerian government's approach of resolving labor issues through consensus. The association stressed the need to balance strike actions against crucial factors such as employers' rights, the protection of essential services, national security, economic stability, and existing agreements. NECA is preparing for the November 2026 ILO Governing Body session to discuss the way forward, urging a constructive and pragmatic approach to industrial relations.

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The exercise of strike actions must be balanced against critical factors, including the employer’s right to conduct and manage its business; the protection of essential services (e.g., health, water, electricity); national security and economic stability; existing Collective Bargaining Agreements (CBAs) among other bi-lateral MoUs and agreements.