By Victor Ahiuma-Young

Nigeria’s industrial relations space has been thrown into renewed debate as organised labour and employers disagree sharply over the scope and limits of workers’ right to strike, following divergent interpretations of the recent ruling by the International Court of Justice, ICJ on the right of workers to strike.

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It will be recalled that the International Court of Justice in The Hague on May 21 confirmed the right to strike for workers and trade unions.

In an unprecedented advisory opinion delivered, the Court affirmed that the right of workers and their organisations to strike is protected under the Freedom of Association and Protection of the Right to Organise Convention (ILO Convention No. 87 of 1948).

The ICJ’s judgment has drawn strong reactions from both sides, with labour insisting that workers’ rights must be fully respected, while employers maintain that strike  is regulated under national laws and cannot be exercised without limits.

President of the Nigeria Labour Congress, NLC, Joe Ajaero, strongly criticised comments attributed to the Director-General of the Nigeria Employers’ Consultative Association NECA, Mr Adewale Smatt-Oyerinde, while featuring on a television programme, describing them as an attempt to weaken workers’ rights and undermine established international labour principles.

Reacting to the NECA DG’s remarks during a television interview on TVC, Ajaero said the position presented was misleading and amounted to selective interpretation of labour law in favour of employers.

According to him, the matter of strike rights has already been fully addressed through established international processes, and attempts to re-open or dilute it are unnecessary and counterproductive.

“Truth is, following complaints by the Employers Group on whether the right to strike is implied in Convention 87, debates held at various levels of ILO and the general direction was that it is. Not satisfied, the matter went to the Governing Board which (through a majority decision) affirmed that it is,” he said.

Ajaero further argued that the final position had already been determined at the highest level of international judicial interpretation, leaving no room for selective compliance.

“Still not satisfied, the Employers Group appealed to the ICJ which decided the matter in favour of workers. Given the fact that the ICJ is the highest and last court to entertain this matter, we were at a loss by the prescriptive review of Mr Oyerinde,” he stated.

He insisted that Nigeria’s obligations under international labour conventions remain binding and must be implemented in their entirety.

“One of the fundamental principles of law is that the law must be obeyed wholly and not selectively. Nigeria ratified Convention 87 in 1960 underscoring the importance in which it was held, and still held. Now, that the highest court in the world has ruled that the right to strike is implied in the Convention, it behooves upon Nigeria including NECA which Mr. Oyerinde represents, to obey this law unconditionally and not selectively,” Ajaero said.

The NLC President also pushed back against suggestions that strike is a frequent or casual choice for workers, stressing that it remains a last resort.

“As for the de facto operation of the strike aspect of this ruling, it is important to know that strike has never been the first option for workers. It is the last. It has always been, and workers do not intend to change this.

“It is reason we find Mr. Oyerinde’s intervention on TVC as an unnecessary academic exercise in futility.

“We counsel that adversarial interpretation of the ruling of the ICJ will not be helpful to our collective course. Respect for the law and mutual respect for the parties will.

“On our part, we have always played by the rules and never in breach of the law. We intend to keep it so.”

Employers disagree 

Earlier, NECA had taken a different position, insisting that the right to strike is not absolute and must operate within the boundaries of national legislation and economic realities.

NECA Director-General, Mr. Adewale Smatt-Oyerinde, said while the advisory position recognises strike as part of labour rights discourse, it does not eliminate the authority of domestic laws governing industrial relations.

In a statement, he said:  “We acknowledge the Advisory Opinion of the International Court of Justice (ICJ) that the right to strike is protected under Convention 87 of the ILO. 

“However, it is important to note that the ICJ explicitly declined to define the content, scope, or conditions of the right to strike. Consequently, the Advisory Opinion does not override national laws. Nigeria retains the sovereignty to define the limitations of industrial action through its own Labour and Trade Disputes Acts.”

He further noted that the right to strike was intentionally excluded from Convention No. 87 during its 1948 drafting. 

According to him, historical ILO records, along with the dissenting opinions of four ICJ judges-who described the Advisory Opinion as resembling “human rights advocacy” rather than strict treaty interpretation-support the argument that supervisory bodies have, at times, extended beyond their intended mandates.

Mr. Oyerinde reaffirmed NECA’s commitment to social dialogue and tripartism, adding that the association will continue to support the position previously taken by the Nigerian government, which favours consensus-building over judicial determination in resolving complex labour matters.

While acknowledging the ICJ opinion, he stressed that the “exercise of strike action must be balanced against several critical considerations, including: Employers’ right to manage and operate their businesses, Protection of essential services such as health, water, and electricity, National security and economic stability and Existing Collective Bargaining Agreements (CBAs) and bilateral Memoranda of Understanding

“As a member of the ILO Governing Body, NECA is preparing for the November 2026 ILO Governing Body session, where the way forward will be discussed.

“In the interim, the association urges a constructive and pragmatic approach, reaffirming its commitment to supporting the Nigerian government in ensuring that the national industrial relations framework remains balanced and conducive to economic growth. “NECA continues to advocate for a system in which industrial harmony is achieved through proactive grievance handling and mediation, rather than reliance on strike actions.