Senior Advocate of Nigeria, Femi Falana has written to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), noting that the Nigeria Labour Congress (NLC) is not in contempt of court over its planned nationwide protest.
Recall that the NLC had announced a nationwide protest scheduled for February 27 and 28, to kick against the economic challenges facing Nigerians.
The decision came after a 14-day ultimatum issued to the Nigerian Government regarding the widespread hardship.
Meanwhile, the Department of State Services (DSS) and the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, (SAN) have urged the NLC to shelve its proposed nationwide protest.
The Government has also threatened the NLC with contempt of court over the planned protest.
However, Falana, in a letter dated February 24, and addressed to Fagbemi, said, “We submit, without any fear of contradiction, that the proposed public protest of the NLC is not contemptuous of the two ex parte orders of the National Industrial Court. In particular, the issue of contempt does not arise as the NLC has challenged the jurisdiction of the National Industrial Court to entertain the substantive case”.
The senior lawyer also added that “the National Industrial Court has not restrained the members of the NLC from exercising their fundamental rights to freedom of assembly and freedom of expression to protest against the excruciating economic pains being experienced by the masses”.
“’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.
“Since freedom of speech and freedom of assembly are part of the democratic rights of every citizen of Nigeria the Court of Appeal further held that, ‘the legislature must guard these rights jealously as they are part of the foundation upon which the Government itself rests”, he stated.
