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VOL. 6, ISSUE 2 (2024)
Prerequisites for exercising the right to strike in the ILO jurisprudence and Nigerian labour statutes: An analysis
Authors
Emuobo Emudainohwo
Abstract
The paper compares the prerequisites for
exercising the right strike prescribed by the Committee
on Freedom of Association (CFA) of the International Labour Organization (ILO) with
the conditions for exercising the right to strike in Nigerian law. It observed
that the conditions for exercising the right to strike in Nigerian law are more
onerous than that of the rules prescribed in ILO jurisprudence. Some of the
onerous conditions are stipulated in the Trade Dispute Act (TDA) and the Trade
Unions Act (TUA). The National Industrial Court of Nigeria (NICN) has confirmed
these onerous conditions for exercising the right to strike in some cases.
Since the decisions of the NICN are only appealable in few matters (which does
not include matters relating to exercise of the right to strike) the
implication is that it is difficult for workers to exercise a legal strike in
Nigeria. The paper argues that the NICN could follow the requirement or
conditions for exercising the to right to strike highlighted by the CFA of the
ILO. That it can do by relying on section 254 (2) of the Nigerian Constitution
(as amended).
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Pages:25-29
How to cite this article:
Emuobo Emudainohwo "Prerequisites for exercising the right to strike in the ILO jurisprudence and Nigerian labour statutes: An analysis". International Journal of Law, Policy and Social Review, Vol 6, Issue 2, 2024, Pages 25-29
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