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JUAC Leaders head to Appeal Court over order halting FCTA strike
JUAC Chairman, Riftkatu Iortyer, and Secretary, Abdullahi Saleh, filed the application seeking leave to appeal the interlocutory ruling delivered on January 27.
The leadership of the Joint Union Action Committee (JUAC) has approached the Court of Appeal in Abuja, seeking permission to challenge an interlocutory ruling of the National Industrial Court that restrained them from embarking on or participating in industrial action.
The Chairman of JUAC, Riftkatu Iortyer, and the Secretary, Abdullahi Saleh, filed the application on Wednesday through their legal team led by Senior Advocate of Nigeria, Femi Falana, alongside Funmi Falana and three other senior lawyers.
In the motion, brought pursuant to Sections 6, 6(b) and 36(1) of the 1999 Constitution (as amended), as well as relevant provisions of the Court of Appeal Rules, the union leaders are asking the appellate court to stay the execution of the ruling delivered by Justice Emmanuel Subilim of the National Industrial Court on January 27, pending the determination of their appeal.
The applicants argued that they have already filed a notice of appeal which raises substantial, arguable and complex points of law, adding that the appeal has strong prospects of success.
The legal move followed the ongoing indefinite strike by workers of the Federal Capital Territory Administration (FCTA), which began last week over what the unions described as the authorities’ failure to address long-standing labour and welfare issues.
The strike has paralysed activities across several major government offices in Abuja.
On Tuesday, the National Industrial Court ordered workers on the payroll of the FCTA to suspend the strike.
In his ruling, Justice Subilim held that although the matter before the court qualified as a trade dispute, the right of workers to embark on industrial action was not absolute.
The judge ruled that once a trade dispute has been referred to the National Industrial Court, any ongoing strike must be suspended pending the final determination of the case.
Reacting to the court order, the Minister of the Federal Capital Territory, Nyesom Wike, warned that any FCTA worker who fails to resume work would face sanctions.
“Are there no consequences for disobeying the law? Must we allow people to break the law flagrantly?” Wike asked.
“I have given them a window, but from tomorrow, if they don’t come to work, we will apply the big stick,” the minister said, warning that anyone attempting to block government facilities would be dealt with decisively.
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