* Says it lacks jurisdiction over issues of subsidy removal

By Ikechukwu Nnochiri

ABUJA – The National Industrial Court, NIC, yesterday, told the Federal Government that it would not exercise its jurisdiction on any issue that bothers on oil subsidy removal.

The court which made the declaration after it denounced what it called “insinuation from some quarters that a ‘black market injunction’ was obtained by the Hon. Attorney General of the Federation from the NIC”, insisted  that the order it made on January 6 stopping the Nigeria Labour Congress, NLC and the Trade Union Congress, TUC, from embarking on strike, “was to avoid break down of law and order and to ensure that there is industrial peace and harmony in the country.”

Briefing newsmen in Abuja yesterday, the Chief Registrar of the NIC, Mrs Rekiya Bosade Haastrup, said the reason why the court slated today to hear the suit that was filed before it by the federal government was to create a platform for all the parties involved in the ongoing industrial impasse, “to argue their case and to avail the parties ample time to reconcile their differences, make consultations and avoid likely loss of revenue, lives and avoidance of any unforeseen ugly incidents.”

A press statement  issued by the court yesterday reads in part: “The attention of the NIC has been drawn to some distortion of facts being peddled about in the press regarding the ruling delivered by the court on Friday 6th January 2012 on the suit No. NICN/ABJ/03/2012; Attorney General of the Federation AND the Nigeria Labour Congress, (NLC) & Trade Union Congress, (TUC).

“The above suit was filed in the court with a motion Ex-parte and Motion on Notice with affidavit of urgency.

“After perusing the case file, his lordship, the Hon. President of the court listed it for hearing in view of the urgency and a panel of three judges was assigned to hear the motion Ex-parte. The reason adduced for granting the order was clear and unambiguous.

“The panel relied on the precedent in a Court of Appeal decision I the suit between Oshiomole & Anr. V FGN & Anr. (2007) 7 NLLR (pt. 18) page 164 at 189, where his lordship Ibrahim Tanko Mohammed (JCA) as he then was, now JSC, was in delivering the lead judgment had this to say;

“One can understand the spirit of the respondents which seems to be geared towards achieving better social economic conditions for their members and the generality of the citizenry of this great nation. That is alright. But by embarking on strikes, I dare say, the problem will be more compounded. I believe that meaningful discussions, dialogues and conciliations, rather than strike, will achieve more positive results to the satisfaction of both parties, and the general citizenry.”

“The court gave an order in the open court in the full glare of members of the public and the press in attendance. Order of the court was published in a number of national newspapers as substituted service.

“Part of the prayer of the appellant bothers on issues of oil subsidy removal. But the court made it clear in open court that it lacks jurisdiction on the matter. “section 7 (1b) of the National Industrial Court Act (NICA) 2006 and section 254 (c ) sub-section (1c) of the 1999 constitution, as amended, confers jurisdiction on the NICN on matter concerning strikes- matters before the court between the AGF and the NLC and TUC.

“The court declined jurisdiction on two of the prayers of the appellant which were clearly outside the jurisdiction of the court.

“The order of the court was not obtained by fraud as being peddled in some quarters. The order as given by a competent court of the land is still subsisting and ought to be respected by all parties.

“the insinuation from some quarters that a ‘black market injunction’ was obtained by the AGF from the NIC is no doubt misleading, baseless and has no iota of truth in such whatsoever.

Subsidy war enter court let's here the labour make a statement!