NLC Tackles NECA Over ICJ Ruling on Right to Strike

By Chinedu Echianu 

The Nigeria Labour Congress (NLC) has described the recent ruling of the International Court of Justice affirming workers’ right to strike under Convention 87 as a landmark victory for workers globally, accusing the Nigeria Employers’ Consultative Association (NECA) of attempting to weaken the decision through “adversarial interpretation.”The Nigeria Labour Congress (NLC) has described the recent ruling of the International Court of Justice affirming workers’ right to strike under Convention 87 as a landmark victory for workers globally, accusing the Nigeria Employers’ Consultative Association (NECA) of attempting to weaken the decision through “adversarial interpretation.”

In a statement issued on Thursday, NLC President Joe Ajaero faulted comments made by NECA Director-General, Adewale-Smatt Oyerinde, during an appearance on national TV, where he argued that the right to strike is not automatic and must be exercised within the framework of existing labour laws, particularly Section 43 of the Trade Disputes Act.

Ajaero described the remarks as “a painful but avoidable and needless act of hair-splitting,” insisting that the ICJ ruling had conclusively settled the longstanding debate over whether the right to strike is implicit in the International Labour Organization Convention 87.

According to the NLC president, the issue had gone through extensive deliberations at different levels of the ILO after complaints by employers’ groups challenging the interpretation of the convention.

He noted that the ILO Governing Board had affirmed that the right to strike was implied in the convention before the matter was eventually taken to the ICJ by the Employers Group.

“Given the fact that the ICJ is the highest and last court to entertain this matter, we were at a loss by the prescriptive review of Mr Oyerinde,” the statement said.

The labour centre further argued that Nigeria, having ratified Convention 87 in 1960, was bound to comply fully with the ruling and should not apply the law selectively.

The NLC maintained that strike action has always remained a last resort for workers and dismissed suggestions that the ruling would encourage indiscriminate industrial action.

Ajaero urged all parties to avoid confrontational interpretations of the judgment, stressing that mutual respect and obedience to the law were essential for industrial harmony.

“We have always played by the rules and never in breach of the law. We intend to keep it so,” he stated.

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