The Minister of the Federal Capital Territory, Nyesom Wike, has approached the National Industrial Court seeking an order to commit striking workers of the Federal Capital Territory Administration (FCTA) to prison for allegedly disobeying a court directive.
The action followed the decision of the workers to resume their strike despite a court order issued on January 27, which directed them to suspend the industrial action pending the hearing and determination of a suit filed by the FCT Minister.
To enforce compliance, Wike obtained Form 48, a statutory court document that outlines the legal consequences of disobeying a court order. The form was procured by his counsel, a Senior Advocate of Nigeria, Ogwu Onoja, and is to be served on the striking workers.
Form 48, titled “Notice of Consequence of Disobedience of Order of Court,” warns that failure to comply with the directive of the National Industrial Court may result in contempt proceedings and possible imprisonment.
The notice, dated January 29, was signed by the Registrar of the Industrial Court, Olajide Balogun. It referenced the order delivered on January 27 by Justice Emmanuel Sublimi, which directed FCTA workers to return to work and suspend their strike action until the court determines the originating summons before it.
The court order followed an application by the FCT Minister, who asked the court to compel the workers to resume duties. In the suit, the President and Secretary of the Joint Union Action Congress (JUAC), Rifkatu Iortyer and Abdullahi Umar Saleh, were listed as respondents.
Justice Sublimi held that once a trade dispute is referred to the National Industrial Court, all forms of industrial action, including strikes, must be suspended. Relying on Section 18(1)(e) of the Trade Dispute Act, the court stated that referral of a dispute through an originating summons automatically requires parties to halt any ongoing strike.
The judge further warned that failure to comply with the provisions of the Act could attract sanctions, stressing that the need to maintain industrial peace in the public interest outweighs any inconvenience caused by suspending the strike.
Although the workers justified their resumption of the strike on the basis of a notice of appeal filed at the Court of Appeal, Wike’s legal team dismissed the argument. They maintained that in the absence of a specific order staying the execution of the Industrial Court’s ruling, the workers were legally bound to obey the directive and return to work.
According to court documents filed by the minister’s counsel, court orders are meant to be obeyed to ensure order and stability in society.
