BY NKECHI NAECHE-ESEZOBOR—The organized labor movement on Monday hailed a recent ruling by the International Court of Justice (ICJ) confirming that the right to strike is implicit in Convention 87 as a landmark victory for workers worldwide.
However, the ruling has sparked a fresh domestic debate, with labor representatives strongly criticizing the Nigeria Employers’ Consultative Association (NECA) for attempting to downplay the judgment’s impact.
The controversy escalated following a television appearance by the Director-General of NECA, Mr. Adewale Smatt-Oyerinde.
Speaking on TVC, Oyerinde argued that the right to strike is not automatic and asserted that workers must still adhere strictly to existing local labor laws, specifically citing Section 43 of the Trade Dispute Act (TDA).
He also suggested that a meeting of social partners to establish complimentary conditions remains a necessary precondition before any strike action can be declared.
Labor representatives quickly fired back, labeling Oyerinde’s remarks as an “unnecessary academic exercise in futility” and a selective interpretation of international law. Critics accused the NECA boss of being economical with the historical background of the dispute, pointing out that the issue had already undergone exhaustive debate across various levels of the International Labour Organization (ILO).
The legal battle began when the global Employers’ Group challenged whether the right to strike was protected under Convention 87.
After the ILO Governing Board affirmed the right through a majority decision, the Employers’ Group appealed the matter to the ICJ. As the highest judicial body in the world, the ICJ’s subsequent ruling in favor of workers is considered definitive and legally binding.
Labor advocates emphasize that Nigeria ratified Convention 87 in 1960, signaling a long-standing commitment to its principles. They argue that following the ICJ’s conclusive verdict, both the Nigerian government and employer bodies like NECA are obligated to obey the law unconditionally rather than selectively hiding behind local statutes to weaken workers’ rights.
Reassuring the public and the business community, labor stakeholders maintained that a strike has never been the first option for workers, but rather a last resort. They cautioned that an adversarial interpretation of the ICJ ruling by employers would only harm industrial harmony, urging instead for mutual respect and total adherence to international legal frameworks to guide future industrial relations in Nigeria.
