Falana Tells FG that planned labor strike is not illegal

By Adeleye Kunle

Femi Falana, a human rights lawyer, said on Sunday that the planned strike by labor leaders is not illegal because freedom of expression is guaranteed by the Constitution.

The Nigerian Labour Congress announced a nationwide protest on July 26 and 27 to pressure the government to end the five-month-long strike by members of the Academic Staff Union of Universities (ASUU).

At a press conference last Wednesday, Lai Mohammed, the Minister of Information and Culture, called the protest illegal and predicted anarchy in the country.

However, Falana, a Senior Advocate of Nigeria, said the protest was not illegal because Sections 39 and 40 of the Federal Republic of Nigeria 1999 Constitution allow for the freedom of assembly of Nigerian workers.

“With due respect, the proposed protest cannot be called illegal because it is an expression of Nigerian workers’ freedom of expression and freedom of assembly, as guaranteed by sections 39 and 40 of the Federal Republic of Nigeria’s 1999 Constitution 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,” Falana said.

“In fact, the Court of Appeal upheld the fundamental right of the people of Nigeria to protest for and against the government in the celebrated case of the Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65.”

The full statement is available below:

THE LEGALITY OF THE NIGERIA LABOUR CONGRESS’S PLANNED PROTEST IN SUPPORT OF ASUU

Following the failure of the Federal Government to resolve the Academic Staff Union of Universities (ASUUindustrial )’s action over 5 months ago, the Nigeria Labour Congress (NLC) has announced plans for nationwide protest marches and rallies in support of ASUU on July 26 and 27, 2022. The proposed protest, however, has been declared illegal by the federal government. Mr. Lai Mohammed, Minister of Information and Culture, stated this while briefing journalists on the decisions of the Federal Executive Council (FEC) at its meeting last Wednesday in Abuja.

With due respect, the proposed protest cannot be considered illegal because it is an expression of Nigerian workers’ freedom of expression and freedom of assembly, as guaranteed by sections 39 and 40 of the Federal Republic of Nigeria’s 1999 Constitution 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 Court of Appeal upheld the fundamental right of Nigerians to protest for and against the government in the well-known case of the Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65.

Adekeye JCA (as he was then) held in the Court of Appeal’s leading judgment that the “Public Order Act should be promulgated to complement sections 39 and 40 of the Constitution in context, not to stifle or cripple it.” In a sovereign state, a rally or placard-carrying demonstration has become a form of expressing one’s views on current issues affecting the government and the governed. It is a recognized trend that is deeply embedded in the governance systems of civilised countries. If Nigeria continues to require a pass to hold a rally, it will be not only primitive but also retrogressive. We must take a leaf from those who have walked the difficult path of democracy and are now reaping the benefits of their efforts.”

In accordance with the Court of Appeal’s injunction, the National Assembly ensured that the right of Nigerian citizens to assemble and express themselves freely and peacefully was enhanced by the Police Establishment Act 2020. The Act requires the Nigeria Police Force to provide adequate security during Nigerian citizens’ meetings, rallies, and processions. Section 83(4) of the Act, in particular, provides:

“Where a person or organization notifies the police of his or her intention to hold a public meeting, rally, or procession on a public highway or in a place accessible to the public, the police officer responsible for the area where the meeting, rally, or procession will take place shall mobilize personnel to provide security cover for the meeting, rally, or procession.”

We call on the Federal Government to respect the democratic wishes of Nigerian workers to identify with the striking university lecturers, having confirmed that the Nigeria Labour Congress has notified the authorities of the Nigeria Police Force of the planned protest marches and rallies in strict compliance with the aforementioned provision of the Police Establishment Act, 2020. Because the NLC’s protest is just and legitimate, the ASCAB has mobilized lawyers in the Federal Capital Territory and the Federation’s 36 states to provide legal services to the protesters.