Editorial: Between FG And Labor Unions, Which Party Disregards Court orders?

By Khalifa Ja’afar

The Spectacles obtained a press release today from the office of the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN. The statement, signed by his Special Assistant, Mr. Kamarudeen Ogundele, issued a stern warning to labor leaders, urging them to respect a court order which granted on November 10 by the President of the National Industrial Court of Nigeria, Justice B. B. Kanyip.

Fagbemi emphasized that any action contrary to the order would be contempt of court, highlighted the importance of adhering to the rule of law and warned that labor unions’ strike actions would amount to contempt of court.

However, there’s a prevailing sentiment among Nigerians that the judiciary has compromised its values by allowing politicians to exploit them for personal gain.

During the regime of President Muhammadu Buhari, the Nigerian court was first in history directed to issue orders to labor unions seeking their rights from the government. However, in May 2016, the National Industrial Court restrained labor unions from striking to protest an increase in fuel prices.

Subsequently, in September 2020, a similar court order was granted by Justice Ibrahim Galadima, stopping a strike over fuel and electricity hikes by labor unions.

ASUU has been on strike during President Muhammadu Buhari’s tenure since February 14, advocating for improved university funding and a salary review for lecturers, among other issues.

Despite numerous meetings between ASUU and the Federal Government, no resolution has been reached, leading Buhari’s Government to seek a court injunction through counsel James Igwe, restraining ASUU from continuing the strike.

Unhappy with the initial ruling, ASUU took the matter to the court of appeal, seeking permission to challenge the lower court’s decision. Unfortunately, the appellate court mandated ASUU to comply with the industrial court’s order to suspend the strike before pursuing an appeal and directed them to resume work immediately.

Same regime of President Muhammadu Buhari under APC, the ECOWAS Court declared that the arrest and detention of former National Security Adviser, Sambo Dasuki, on October 4, 2016, as unlawful and arbitrary. The court further criticized Buhari’s government for arresting Dasuki again on November 4, 2015, after he had been granted bail, calling it a mockery of democracy and the rule of law.

Despite ECOWAS’ call, Buhari disregarded the court order to release Sambo Dasuki, who remained in the custody of the Department of State Services for over four years. He was eventually released on December 24, 2019, following a directive by the Buhari government.

However, some analysts argue that Buhari’s decision was not driven by a commitment to the rule of law, pointing out that three courts, including the West African Parliament court, had ordered Dasuki’s release, but Buhari did not heed them.

Dasuki’s release was seen by some as a result of international pressure, particularly concerning the arrest and detention of Omoyele Sowore.

Tinubu ordered the arrest of former CBN governor Goodwill Emefiele immediately after his inauguration as Nigerian President. Despite multiple court orders for Emefiele’s release, President Tinubu has consistently disregarded them. This raises questions about the federal government’s commitment to upholding court orders, especially when urging labor unions and Nigerians to comply with such orders.

Don’t you think Nigerians might begin to suspect that disregarding court orders is not solely Buhari’s stance but reflects the views of the APC and its members? The defiance of a court order by Buhari resembles what is occurring in President Tinubu’s government, potentially leading to similar court orders against those asserting their rights.

Tinubu and the APC ought to prioritize adherence to court orders before urging others to do so. Using judges and court orders to stifle dissent may provoke a public backlash, leading to potential unrest if this trend persists. The erosion of respect for the Nigerian judiciary persists until the federal government consistently upholds court orders, setting a precedent for the nation to follow suit.

Disobeying court orders cannot be solely attributed to labor unions; rather, it implicates the Federal Government. The government, having pledged to consistently uphold the rule of law, including compliance with court rulings, has established a pattern of disregarding such orders. This precedent, set by the government, undermines the principle of legal adherence and creates a broader context in which non-compliance becomes normalized.

In conclusion, it becomes evident that if the labor unions choose to defy the current court order, it forces us to confront a stark reality: they seem to be mirroring the actions of the federal government. This pattern of defying court orders has been observable since 2016, just a year after Buhari assumed the presidency in Nigeria under the APC.

The courts, rather than serving as a platform for justice, appear to be employed to hinder labor unions from pursuing their rightful claims. The denial of their fundamental rights has been an ongoing issue, widely acknowledged since that time.

Historically, the labor unions have adhered to court orders, with one exception – the present situation, marked by government insults directed at a prominent labor leader. The unprecedented harassment and verbal abuse targeting their leaders make it increasingly challenging for the unions to tolerate such treatment and comply with the court order.