ADAMS OSHIOMHOLE NIGERIA LABOUR CONGRESS V. ATTORNEY-GENERAL OF THE FEDERATION

OGUNTADE, JCA (Delivering the Lead Judgment): On 16/1/2002, the respondent as the plaintiff, by originating summons brought against the appellants as the defendants sought for the determination of the following questions:

“1. Whether or not by virtue of sections 3, 4, 5, 6, 7 and 8 of the Trade Disputes Act, Cap. 432 Laws of the Federation of Nigeria, 1990, the defendants can declare an industrial action to embark on a strike, without compliance with the aforementioned sections of the Trade Disputes Act;

2. A declaration that the strike action called by the defendants to take effect from the 16th of January, 2002 is unlawful, illegal, null and void.”

On same 16/1/02, the respondent filed an ex parte application praying for the following orders:

“1. An order of interim injunction restraining the respondents from embarking/calling Nigerian Workers to embark on a nationwide strike or continuing with the strike action to commence on 16/1/2002 in violation of the provisions of the Trade …