Human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana has said the Nigeria Labour Congress (NLC) and its allies have legal right to protest against government policies that negatively affect their members.

Femi Falana has explained that the right to demonstrate and protest on matters of public concern was in the public interest, which he stressed individuals must possess and should exercise without impediment as long as no wrongful act was done.

According to a letter addressed to the Permanent Secretary of the Federal Ministry of Justice and Solicitor General of the Federation on July 28, 2023, the Human Rights Lawyer stressed that the NLC was not in contempt of any court order. This came after the Federal Government accused the leaders of the NLC of treating the order of the National Industrial Court with contempt.

“Contrary to your unwarranted allegation, the NLC does not intend to disobey the ex parte order of the National Industrial Court to the effect that the defendants/Respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the Motion on Notice dated 5th June 2023.”

According to Femi Falana, the National Industrial Court or any other court did not grant an order of interim, interlocutory or perpetual injunction restraining Nigerian workers from participating in peaceful rallies convened by the NLC.

He stressed further, “Since the constitutional right of Nigerian workers to protest peacefully cannot by any stretch of imagination be classified as an industrial action or strike of any nature, you ought not have threatened our client with contempt of court.

“It is pertinent to draw your attention to the case of ‘Inspector General of Police V All Nigeria Peoples Party (2008) 12 WRN 65,’ where the court upheld the fundamental right of Nigerians to protest without police permit. In the leading judgment of the Court, Justice Adekeye said as follows:
“The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.

“If as speculated by law enforcement agents that breach of the peace would occur our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.”

The Senior Advocate of Nigeria added that freedom of speech and freedom of assembly were part of the democratic rights of every citizen of the country, stating that, “the legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”

Regarding the nationwide protest scheduled for Wednesday, August 2, 2023, Femi Falana said having, “advised the NLC and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020, which “where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting rally or procession will take place shall mobilise personnel to provide security cover for the meeting, rally or the procession.”

The TUC said yesterday, Monday July 30, 2023, that it will meet this week to take decision on the next action to take for the government to address its needs.