RIGHT TO STRIKE IN A SUSTAINABLE DEMOCRACY (THE NIGERIA EXPERIENCE)

Lucky Brimoh (PhD), M. I. Brimoh

Abstract


Nigeria profited to some extent from the experience of both England and events in other developing territories in the industrial relation field. It was during the period of sustainable development as to government policy changed in response to the fear and uncontrolled labour movement in period of Nation crises such as democratic prevailing condition, could create a divisive environment which could adversely affect, efforts to unite the country, with the various act’s, these means that there is no right to strike in Nigeria but in practice there is strike even when the procedure is not right.

The fundamental rights to freedom of expression, and to movement, association and right to peaceful assembly shall not to be taken away from human unless he has no life, an insight into the right of organized labour is to pocket and mount pressure with a purpose to favour. The right to strike is not to right to life as the grand norm of the state as explicitly expressed, the right to strike which is germane has a great influence on the balance in Relationship between the employed and employees in our various sector of the economy, the minister encourage settlement.

However, the strategic relationship between the right to strike and the sustainable democracy in a free and fair society in a country as ours, as practically express and demonstrated by Asuu strike is right to life in our Universities is a case experience as government, and its minister want to scoff out life of human, as the human life and society depend on the environment for their survival, the wages received interrelation with environment for existence is low.

Conclusively, before going on to strike need a lot of effort and consciousness at may be deem fit, i.e. collective agreement in the 1999 constitution there is not right to strike. However, the law does not expressly say there is no right to strike, but in practice and procedure worker go on strike; hence there is always conflict of law between the master and servants in Relationship to labour law in Nigeria, Right to strike is akin to Right to life.


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References


Orifowomo, O.A. LL.M., BL, MBA, Acting Head, Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awaolow University, Ile-Ife, Nigeria. E-mail oo4ifowo2003@yahoo.co.uk see Ngeow Yeok Meng “Strikes and Lockouts”. http://www.jobstreet.com.my/ employes/ind3.htm. Pp. 1-3.

Fajana Sola, Industrial Relations in Nigeria, theory & Features, Second Edition, Labofin and Court of Appeal., 2000, p. 231

Ibid, see also Uvieghara, E.E. Labour Law in Nigeria, 1st Edition-Malthouse Law Books, 2001, pp. 445-446.

See Fajana, op. cit., pp. 229-230.

See Birk, op. cit., pp. 265-291.

Supra

Section 42 (1) (b) guarantees the worker his remuneration and rights which are dependent on the continuity of period of employment, during the period of lockout by the employer.

Cap 437, Laws of the Federation of Nigeria, 1990.

See Uvieghara, op. cit. p. 446; Fajana, op.cit., pp. 231-232; Eche v. State Education Commission (1983) 1 FNR 386. Constitutionalstrikes refer to actions that conform to the due procedure of the relevant collective agreement.

United Nations General Assembly resolution 217 (111, 1948).

See Human Rights, “What is the Universal Declaration of Human rights? A call to the foreign ministry”, http://www.mondaytimes.com.mv/ issues87/humanrights87.htm. Pp. 1-3.

See Ngeow, op. cit. pp. 1-3

Step 2: Locating information on core labour standards http://wbln0…/aa0bfaa21a4a597585256956006987cb/OpenDocument&ExpandSection=.pp.1-5.

“B.C. Unions challenge Liberals’ Labour Laws at the International Labour Organization”. http://www.bctf.ca/newsreleases/archive/2001/2001-1123.html

See Article 3 of Convention 98.

ILO Releases First Global Survey of Labor Rights and ILO Record, http://us.ilo.org/news/focus/0008/FOCUS-3.html, pp. 1-4; “Pioneering ILO Global report calls for more widespread respect for rights at work” http://www.ilo.org/public/ english/bureau/inf/pr/2001/17.htm, pp.1-5.

“Costly strikes”, http://www.priu.gov.1k/News%20Update/Editorial%20.../ 20011103 editorial review.htm.1-6.

See “Q & A: the firefighters’ pay dispute”, http://politics.guardian.co.uk/ publicservices/story/ 0.11082.814653.00.html, pp.1-3.

Fajana, op. cit., p. 245, citing Mauro, M. “Strikes as a result of imperfectinformation, industrial and Labour Relations Review, (1982) Vol. 35, No. 1, pp. 521-538.

EhiOshio, The Bank Customer, Bank Strike and the Law in Nigeria in Emeka Chianu (ed) Legal Essays in Honour of Professor Sagay (Benin City: Dept. of Public Law, UNIBEN, 1996) 171 at 180.

Ibid. p. 284

Ibid. p. 996

Bryan A. Garner, Black’s Law Dictionary, 7th ed. (St. Paul, MINN: West Group, 1999) p. 1435.

Cap. 432 Law of the Federation of Nigeria (LFN) 1990.

S.47(1) TDA, LFN, 1990; British Broadcasting Corporation v. Hearn (1978) 1 All ER 111.


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