Human rights advocate and constitutional lawyer, Femi Falana, has clarified that the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) have every right to organize the nationwide public protest scheduled for February 27 and 28, asserting that it does not constitute contempt of court.
As a Senior Advocate of Nigeria (SAN), Falana emphasized that Nigerian workers are entitled to freedom of assembly and expression as enshrined in the country’s Constitution. He urged the federal government, in a strongly worded letter to the Attorney General of the Federation (AGF) and Minister of Justice, to ensure maximum security for the workers and to participate in the protest.
In response to the AGF’s threat of contempt charges against the NLC and TUC leaders, Falana’s letter dated February 24 countered the threat, arguing that it lacked legal basis.
Falana pointed out the history of negotiations between the government and the labor unions following the removal of fuel subsidy in 2023, which resulted in court orders restraining the unions from striking. Despite compliance with these orders, the unions challenged them, and the contempt proceedings initiated by the government were subsequently withdrawn.
He highlighted subsequent legal actions initiated by the government against the unions, noting that these actions were contested by the unions on grounds of abuse of court process and lack of jurisdiction. Falana emphasized that since the contempt proceedings were withdrawn, there is no basis for the government’s threat of contempt charges regarding the planned protest.
He cited legal precedents affirming citizens’ rights to protest on matters of public interest without the need for police permits, emphasizing the democratic importance of freedom of speech and assembly.
Falana urged the government to respect these fundamental rights and directed the Inspector-General of Police to provide adequate security for the protesters in accordance with the Police Establishment Act.
In conclusion, he called on the government to reconsider its stance and assured that the protests would be conducted peacefully.
The federal government had previously warned of invoking relevant laws to charge the NLC leadership with contempt if the protest proceeds, citing it as a breach of agreement and a challenge to the court’s authority. The AGF, Prince Lateef Fagbemi, conveyed this warning in a letter to Falana, urging the NLC to abandon the protest to avoid violating the court’s order.
