Abstract
This paper examines the right to strike in Nigeria and seeks to establish whether Nigerian workers under the various enactments, which purports to prohibit and criminalize strike action by workers amounts to a violation of their right to strike. The paper further examines the right to strike in some selected jurisdictions. The relevant constitutional provisions entrenching the fundamental right of freedom of association as well as the provisions of other national and international legal instruments which guarantee the right to strike as well as the right to collectively bargain on behalf of trade unions are discussed in detail. The paper reviews the law relating to industrial disputes in Nigeria and finds that it has remained oppressive on workers. In spite of this, workers have continued to use strikes in expressing their grievances. The paper argues for the express entrenchment of the right to strike in the Constitution and other relevant laws as obtainable in countries such as South Africa and Ghana. The doctrinal research method is employed in this paper.
Highlights
Strike as a means by which employees exert pressure on their employers to acceding to their demands has a long standing history
This paper examines the right to strike in Nigeria and seeks to establish whether Nigerian workers under the various enactments, which purports to prohibit and criminalize strike action by workers amounts to a violation of their right to strike
The fourth segment deals with the freedom of association and collective bargaining, followed by an analysis of the right to strike in Nigeria
Summary
Strike as a means by which employees exert pressure on their employers to acceding to their demands has a long standing history. The eight segments involve an analysis of the position of the law regulating strikes in South Africa, the United Kingdom and the Republic of Ghana. This is followed by recommendations drawing heavily from what is obtainable in the laws of the selected jurisdictions. The last segment is the conclusion wherein it is reiterated that the right interpretation to adopt is that there is the right to strike in Nigeria that has not been extinguished by the extant legislation; there is need to have the right to strike expressly and lucidly spelt out in the constitution which is the fundamental law of the land
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