Court Bars NCSU From Strike, Picketing FIRS Offices
BY COBHAM NSA – The Abuja Judicial Division of National Industrial Court has restrained the Nigeria Civil Service Union (NCSU) from either picketing the offices of the Federal Inland Revenue Service (FIRS) or embarking on strike at any of its offices across the country.
Issuing an order of interim injunction on Friday in a suit by FIRS as claimant/applicant against NCSU, the defendant/respondent, Justice Olufunke Yemi Anuwe said; “the Respondents are restrained from picketing the offices of the applicant on 26th July 2021 or any other day pending the determination of the Motion on Notice.”
A statement by the Director, Communications and Liaison Department of the Service, Abdullahi Ismaila Ahmad said the Union is also restrained from going on strike, as by so doing, the very essence of the substantive suit will be defeated.
The statement further said; “What this translates to in other words is that parties are to maintain the status quo, and are not to do anything that may be detrimental to the interest of the public, pending the determination of the Motion on Notice. The order to maintain status-quo however binds both parties in this suit.”
Also, in another suit, NINC/ABJ/157/2021 filed by NCSU against FIRS, the Court refused the Union’s prayer seeking an order compelling the Service to continue the automatic deduction of check-off dues from the workers’ salaries for the NCSU, which is a defunct union at the FIRS.
The Court thereafter adjourned both cases to Friday, October 15, 2021, for a hearing of the motion on notice and originating summons.
In a widely reported public statement in the media, the FIRS’ Board had on July 18, 2021, announced that it has dissolved the NCSU FIRS Unit (whose Executive members are senior staff) purportedly representing the junior staff cadre currently non-existent in the Service.
According to the FIRS, the decision was taken; “In line with Gazette No. 6 Vol 65 dated 8th February 1978 and National Industrial Court Judgement dated 27th June 1995, it is noted that the operations of Nigeria Civil Service Union (NCSU) FIRS Unit as it is constituted today in FIRS is considered illegal as there are no longer any junior staff cadre employees in the service.”
Outlining further reasons in an official announcement circulated to all staff, the Service said; “There is accordingly no legal or another basis whatsoever for the continued existence of a junior staff cadre union in FIRS as the cadre of staff it is deemed to cover do not exist within the organisation. A letter from Federal Ministry of Labour to the Head of Service of the Federation dated 19th February 2015 confirmed the above position in categorical terms.”
The statement further clarified that “the right of workers to decide which union to belong is not absolute but must be exercised within the limits of Trade Unions Act CAP T14 LFN 2004. This position was confirmed in the Judgment of the National Industrial Court – NCSU vs ASCSN (2004) 1NLLR Part 3, 427.
“In the light of all the above, The FIRS Board at its Meeting No. 30 held on the 24th June 2021, therefore, directed that given items 1 & 2 above, the activities of NCSU FIRS Unit in the Service are henceforth considered illegal and the Union (NCSU FIRS Unit) is hereby proscribed with immediate effect.
“The Management also assured staff that it is unreservedly willing to work and cooperate with the only legitimate representatives of staff, that is to say, the Association of Senior Civil Servants of Nigeria.”
“Accordingly, staff were called upon to redouble their efforts in executing the FIRS mandate of assessing, collecting and accounting for tax revenue for all levels of government as contained in the FIRS Establishment Act (2007)”, the FIRS said in the statement.
