Falana explains legality of proposed NLC/ASUU solidarity strike against govt’s opposition

Femi Falana, SAN, a human rights campaigner, has argued that the strike called by the Nigeria Labour Congress, NLC, in support of the Academic Staff Union of Universities is not illegal as the Federal Government has asserted.

ASUU had been on strike for more than five months to press the federal government to agree to its demands, which included, among other things, the implementation of the 2009 agreement reached between the two parties and the suspension of the Integrated Payroll and Personnel Information System, as it pertains to lecturers.

Falana, who is also the Interim Chairman, Alliance on Surviving COVID-19 and Beyond, ASCAB, made this clarification via a statement issued on Monday, in Lagos.

He said, “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 five 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.

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“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.”

The Federal Government had described the planned protest by the Nigerian Labour Congress (NLC) in solidarity with the striking Academic Staff Union of Universities (ASUU) as illegal.

Minister of Information and Culture, Lai Mohammed faulted the planned nationwide protest while addressing State House correspondents after Wednesday’s weekly Federal Executive Council (FEC) meeting in Abuja.

He said the NLC had no issue with the government on which it could order a nationwide protest.

While alleging that partisan interest was behind the planned protests, the minister advised the union to insulate itself from politics.

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