Minimum Wage: Court Dismisses Enugu Govt. Suit To Bar Primary Sch. Teachers From Embarking on Strike

Posted by African Examiner Latest Headlines, News Across Nigeria, News From The State Saturday, March 12th, 2022

(AFRICAN EXAMINER) – The National Industrial Court sitting in Enugu presided over by Justice Oluwakayode Arowosegbe, of Court 2 has dismissed a suit filed by the governor Ifeanyi Lawrence Ugwuanyi, led state Government seeking to stop primary school teachers from embarking on industrial action over non-payment of the national minimum wage.
Our Correspondent reports that the state in an originating summon tagged: NICN/EN/01/2022, between Enugu State Government, Theophilus Odo, and on behalf of the teachers in the state, sought the relief of the court to bar the teachers from embarking on any strike on the ground that they were essential workers.
The Court, had in an interlocutory injunction restrained the teachers from embarking on any form of industrial action pending the determination of the substantive suit and ordered an accelerated hearing.
Delivering its judgment on the suit, Justice Arowosegbe, dismissed the suit and ordered the Enugu State government to go back and negotiate with the teachers.
He however, described the action as discriminatory for the Claimant to pay some workers in the state employee minimum wage, and refuse to pay the teachers same.
The Judge noted that the state could not stop the teachers from ventilating their grievances through industrial action.
The court, in its judgment delivered Tuesday, but was obtained on Friday by newsmen, held that the Primary School teachers in Enugu State do not fall within the categories of workers who provide essential services, hence they can embark on strike and other lawful means to press home their demand.
The judgment read thus: “the court found as condemnable the attitude of the Claimant/plaintiff for its failure to implement the national Minimum wage as approved by the federal government since 2020.
It declared that such act of the claimant is discriminatory.
“The claimant is hereby, ordered to go back to negotiating table with the Defendant and implement the national minimum wage.
It added that “The defendants are entitled to be paid the Minimum wage.
“The law relied upon by the Claimant – the Trade Dispute Act is inconsistent with the 1999 constitution as (amended), which prohibited discrimination hence the Trade Dispute Act is void.

Counsel to the defendants, Barrister Charles Igwe, in his reaction, described the court verdict as a victory for the educational sector, particularly the primary school teachers, who have suffered discrimination in the hands of the state and Federal Government respectively.