NLC urges compliance with ICJ ruling

The Nigeria Labour Congress (NLC) has called on the Nigeria Employers’ Consultative Association (NECA) to fully adhere to the International Court of Justice's (ICJ) ruling that affirms workers' right to strike. The NLC views NECA's attempts to question or undermine this ruling as a defense of exploitation and a selective approach to international labor laws.

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One of the fundamental principles of law is that the law must be obeyed wholly and not selectively. Nigeria ratified Convention 87 in 1960 underscoring the importance in which it was held, and still held. Now, that the highest court in the world has ruled that the right to strike is implied in the Convention, it behoves Nigeria, including NECA, which Mr Oyerinde represents to obey this law unconditionally and not selectively.

NLC President Joe Ajaero criticized comments made by NECA Director-General Adewale-Smatt Oyerinde, who argued that the right to strike is not automatic and must be exercised within Nigeria's labor laws. Ajaero described Oyerinde's remarks as an "unnecessary academic exercise in futility," asserting that the ICJ's decision has legally settled the matter. He stressed the fundamental legal principle that laws must be obeyed wholly, not selectively, especially since Nigeria ratified Convention 87 in 1960.

Ajaero further stated that strike action has never been the first option for workers, characterizing it as a last resort after dialogue and negotiations have failed. He advised that adversarial interpretations of the ICJ ruling would not benefit the collective cause and emphasized the importance of mutual respect between parties.

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As for the de facto operation of the strike aspect of this ruling, it is important to know that strike has never been the first option for workers. It is the last. It has always been, and workers do not intend to change this. It is reason we find Mr. Oyerinde’s intervention on TVC as an unnecessary academic exercise in futility.

The NLC president explained that the dispute over the implied right to strike within Convention 87 had gone through various stages within the International Labour Organisation system before reaching the ICJ. He expressed confusion over Oyerinde's prescriptive review, given that the ICJ is the highest court to adjudicate such matters. The NLC maintains that respecting the law and fostering mutual respect are crucial for constructive engagement.

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We counsel that adversarial interpretation of the ruling of the ICJ will not be helpful to our collective course. Respect for the law and mutual respect for the parties will.