ICJ ruling: NLC slams NECA

…Says employers’ body defending workers’ exploitation

From Bimbola Oyesola, Geneva, Switzerland

A fresh battle over workers’ rights has erupted between organised labour and employers body following a landmark ruling by the International Court of Justice (ICJ) affirming that the right to strike is implicit in the International Labour Organization’s Convention 87 on Freedom of Association.

The ruling has been hailed by the Nigeria Labour Congress (NLC) as a historic victory for workers worldwide, but comments by the Director-General of the Nigeria Employers’ Consultative Association (NECA), Mr Adewale-Smatt Oyerinde, have drawn sharp criticism from labour leaders who accuse employers of attempting to dilute the significance of the judgment.

Oyerinde, in a recent appearance in one the television stations and some publications has argued that the right to strike is not automatic and must be exercised within the framework of existing labour laws, particularly Section 43 of Nigeria’s Trade Disputes Act.

He also referenced ongoing consultations among social partners to establish complementary conditions governing industrial action.

However, NLC President, Joe Ajaero, dismissed the position as an unnecessary attempt to undermine a definitive legal pronouncement by the world’s highest judicial authority on the matter.

“The ICJ ruling is a landmark victory for workers, and any attempt to weaken or reinterpret it amounts to a defence of exploitation,” Ajaero declared in a strongly worded statement issued on behalf of the labour movement.

The dispute traces its roots to a long-running international debate over whether Convention 87, which guarantees freedom of association, also protects workers’ right to strike. Employers’ groups within the International Labour Organization had challenged the interpretation for years, insisting that the convention did not expressly provide for industrial action.

According to the NLC, the matter was extensively debated within various organs of the ILO, with workers’ representatives and legal experts consistently maintaining that the right to strike was inseparable from freedom of association and collective bargaining.

The issue eventually reached the ILO Governing Body, which, by majority decision, affirmed that the right to strike is indeed implied in Convention 87. Employers’ representatives remained dissatisfied and subsequently sought a definitive interpretation from the International Court of Justice.

In its advisory opinion, the ICJ sided with workers and upheld the longstanding interpretation that the right to strike is protected under Convention 87, bringing to a close years of legal and industrial relations controversy on the issue.

Ajaero said the decision leaves no room for selective interpretation. “One of the fundamental principles of law is that the law must be obeyed wholly and not selectively. Nigeria ratified Convention 87 in 1960, and now that the highest court in the world has spoken, compliance is not optional,” he said.

The labour leader argued that attempts to place additional conditions on the exercise of strike action beyond those recognised under international labour standards risk undermining both workers’ rights and Nigeria’s obligations under international law.

He further criticised Oyerinde’s remarks as a “painful but avoidable act of hair-splitting,” insisting that the employers’ body’s intervention amounted to an academic exercise that ignored the central significance of the ICJ ruling.

While defending workers’ right to strike, Ajaero stressed that industrial action has never been the first option for organised labour. “Strike has always been the last resort. Workers have consistently demonstrated restraint and commitment to dialogue before embarking on industrial action, and there is no intention to change that approach,” he stated.

The NLC president urged all stakeholders in the industrial relations system to avoid what he described as adversarial interpretations of the court’s decision, warning that such an approach could strain relationships between employers and employees.

“We counsel that adversarial interpretation of the ruling of the ICJ will not be helpful to our collective cause. Respect for the law and mutual respect among the parties will serve the nation better,” he said.

The controversy comes at a time when labour relations are increasingly under scrutiny amid economic pressures, rising inflation and growing demands for improved wages and working conditions. Analysts say the ICJ ruling could have far-reaching implications for labour disputes in Nigeria and other countries that have ratified Convention 87.

For now, organised labour appears determined to ensure that the judgment is fully respected, while employers continue to emphasise the need for compliance with national legal procedures. The emerging debate is expected to shape future discussions on industrial relations and workers’ rights, with both sides preparing for what could become a defining test of Nigeria’s commitment to international labour standards.