The National Industrial Court sitting in Lagos has adjourned till Friday, September 18, to hear all applications relating to the Rivers State Government’s suit seeking the interpretation of the provisions of the Trade Unions Act.
The court is sitting as a vacation court to hear the suit.
The Rivers State Govt had filed the suit to challenge the threat by the Nigeria Labour Congress and the Trade Union Congress to embark on a strike action starting from Monday, September 7.
The government listed the two unions, their presidents, Comrade Ayuba Waba and Quadri Olaleye, as well as the Rivers state chairpersons, Beatrice Itubo and Austin Jonah as defendants in the suit.
The defendants were not present in court, but the Rivers State Attorney General, Professor Zaccheus Adangor who represented the state government told the court that all the defendants have been duly served with the originating processes and the motion on notice for an interlocutory injunction, along with last week’s enrolled order of interim injunction restraining the defendants from going on strike, which have all been published in two national newspapers of September the 3rd as directed by the court.
Read Also: Organised Labour Suspends Planned Protest In Rivers State
He also told the judge about an out-of court-agreement reached Monday night after a closed-door meeting with Governor Nyesom Wike which resulted in organised labour calling off their planned protest against the Rivers State Government on Tuesday,
Vacation judge, Justice Nelson Ogbunaya discountenanced the information and asked the AG to focus on the suit especially as the defendants who would have corroborated the information were not in court.
Justice Ogbunaya also noted that the 14-day period for the defendants to respond and put in their appearance will expire on September 17.
He, therefore, adjourned further hearings to September 18.
This is the second legal action of the Rivers state government against organised labour.
Judgment in the first case against a previous plan of the state NLC to go on strike in March will be delivered on September 29 at the Port Harcourt division of the court.
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Court To Hear Suit Challenging Lagos Ban Of Motorcycles, Tricycles On Dec 15
The Federal High Court sitting in Lagos has fixed December 15 to hear a suit seeking the reversal of the ban placed by the Lagos State Government on the operations of commercial motorcycles and tricycles, popularly known as Okada and Keke Marwa.
A Lagos-based lawyer, Julius Ajibulu, who filed the suit said the ban on okada and keke Marwa, without a replacement or an alternative means of transportation, had subjected Lagosians to untold hardship and taken away the source of livelihood of the operators.
The lawyer claimed that the ban had led to massive unemployment and an escalation in the rate of crime and insecurity in the state due to loss of jobs.
He said the ban further violated his fundamental rights and those of other Lagosians under sections 33, 34, 36, 38, 41 and 42 of the 1999 Constitution.
Ajibulu is asking the court to order “the immediate resumption of commercial operations and activities of tricyles (Keke NAPEP/ Marwa) and motorcycles (okada) of 50cc-200cc capacity engine on the above stated highways and expressways through the aforesaid bridges in 15 local government and local development council areas of Lagos State.”
He is also seeking damages in the sum of N1bn as well as a public apology in newspapers.
The suit is the second lawsuit seeking the reversal of the Lagos State Government’s ban on okada and Keke Marwa.
Another lawyer, Olukoya Ogungbeje, had earlier filed a suit before the same court on the same issue.
In his suit before Justice Mohammed Liman, Ogungbeje is seeking a declaration that “the forceful impounding, seizure or confiscation of motorcycles and tricycles” by agents of the Lagos State Government amounted to an infringement on the right of residents to own property under sections 43 and 44 of the Constitution.”
The Lagos State Government had in February proscribed both motorcycles and tricycles in six local governments and nine local council development areas of the state.
In a statement issued on January, the Commissioner for Information and Strategy, Mr Gbenga Omotosho, said that the riders must not ply 10 major highways and 40 bridges and flyovers across the state.
36 State Governments Take FG To Supreme Court Over Court Funding
The 36 states of the Federation on Monday took the Federal Government to the Supreme Court, challenging the presidential executive order signed in May by President Muhammadu Buhari.
The states are seeking an order of the Supreme Court to quash President Buhari’s executive order on the funding of courts, which he signed on May 20.
According to the states, Buhari’s executive order no. 00-10 of 2020 transferred the Federal Government’s responsibility of funding both the capital and recurrent expenditures of the state High Courts, Sharia Courts of Appeal, and the Customary Courts of Appeal, to the state governments.
They are contending that the order is a clear violation of sections 6 and 8(3) of the 1999 constitution, which makes it the responsibility of the federal government to fund the listed courts.
The 36 states, while claiming that they had been funding the capital projects in the listed courts since 2009, are also asking the Supreme Court to order the Federal Government to make a refund to them.
The suit was filed for the states by nine Senior Advocates of Nigeria, led by a former President of the Nigerian Bar Association (NBA), Augustine Alegeh.
Attorney General of the Federation, Abubakar Malami was listed as the sole respondent in the suit.
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