… Says Nigeria retains sovereign powers to regulate industrial actions, protect economic stability
ABUJA — The Nigeria Employers’ Consultative Association (NECA) has declared that the recent advisory opinion of the International Court of Justice (ICJ) recognising strike action as a protected right under international labour standards does not override Nigeria’s domestic labour laws, insisting that the country retains the sovereign authority to regulate industrial actions in line with national realities.
The position was made known by the Director-General of the Nigeria Employers’ Consultative Association, Adewale Smart-Oyerinde, in a statement issued on Sunday in Abuja, where he stressed that while the ICJ acknowledged strike action under the framework of the International Labour Organization Convention 87, the advisory opinion did not supersede Nigeria’s legal and regulatory architecture governing labour disputes.
Smart-Oyerinde said the ICJ’s opinion merely recognised strike action as protected under Convention 87 but deliberately stopped short of defining the scope, content, or conditions that should guide the exercise of such rights among member states.
According to him, Nigeria remains fully empowered to determine lawful limitations on industrial actions in line with national interest, economic stability, and existing labour regulations.
“Although the ICJ recognised strike action under Convention 87, it deliberately avoided defining the scope, content, and conditions governing the exercise of such rights,” he stated.
“Nigeria reserves the right to determine lawful limitations on strike actions in line with national interest, economic stability, and established labour regulations.”
The NECA boss recalled that the right to strike was intentionally excluded during the drafting of Convention 87 in 1948, noting that historical records of the ILO reflected longstanding concerns about the possibility of supervisory bodies extending beyond their mandates in interpreting labour rights.
He further argued that the ICJ opinion was not unanimously accepted, revealing that four judges of the court dissented from the advisory position, which he described as leaning more towards human rights advocacy than a strict interpretation of treaty obligations.
Smart-Oyerinde maintained that while workers’ rights remain fundamental, industrial actions must be carefully balanced against employers’ rights to run businesses effectively, protect essential services, safeguard national security, and preserve economic stability.
He reaffirmed NECA’s commitment to social dialogue and tripartite engagement among government, employers, and labour unions, stressing that sustained industrial harmony remains critical to national productivity and economic growth.
The association, he said, would continue to encourage proactive grievance management, mediation, and constructive engagement as alternatives to prolonged strikes across sectors.
He disclosed that NECA was already preparing for the November 2026 session of the ILO Governing Body, where discussions on the ICJ advisory opinion and the future framework for labour relations are expected to take centre stage.
The NECA director-general also reiterated the organisation’s commitment to supporting government efforts aimed at sustaining industrial peace, insisting that dialogue and negotiation remain the most effective pathways for resolving workplace disputes and preventing disruptions to economic activities.
