This decision comes four days prior to the expiration of the ultimatum issued by the NLC, demanding the withdrawal of the contempt summons by the government to avert an indefinite nationwide strike.

A letter addressed to Messrs Falana & Falana’ Chambers, who are the legal representatives of the NLC, was sent by Mrs B.E. Jeddy-Agba, the Solicitor-General of the Federation and Permanent Secretary of the Ministry of Justice.

In the letter, she stated, "The Federal Ministry of Justice has taken notice of the Communiqué released by the Nigeria Labour Congress, NLC, on August 3, 2023. The NLC announced the suspension of its nationwide protests and voiced its concerns about the contempt summons issued by the National Industrial Court ('Court') and other related matters."

“Kindly recall the exchange of correspondence between the Ministry and your Office on the need for compliance with the extant court orders, restraining industrial action of any kind on the part of the Nigeria Labour Congress and Trade Union Congress.

The position of the Ministry was informed by the need to safeguard the integrity of the court and prevent avoidable service disruption or damages to public facilities.

“However, despite these exchanges/interventions, the labour unions on 2nd August 2023 proceeded with the industrial action through public protests which led to disruption of work and the eventual pulling down of the gate of the National Assembly.

The foregoing prompted the Ministry to initiate contempt proceedings by filing Form 48 on the same 2nd August 2023 in accordance with Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 of the Judgment (Enforcement) Rules. It is trite that issuance of Form 48 is just the starting point in contempt proceedings which will only crystalize upon the issuance of Form 49 and the consequential committal order.