AN APPRAISAL OF THE RIGHT TO STRIKE AND ITS DEROGATIONS IN NIGERIA

Abstract

The crux of this work is to appraise the Right to Strike and its derogations in Nigeria. Conflict between the employer and workers is inevitable in the workplace and many at times, it results to strike action. The right of workers to strike is an essential right recognized by the International Labour Organization. This right is also recognized by the Nigerian legal framework although the 1999 Constitution expressly made no provision for it but it is impliedly recognized by section 40 and other sections of the constitution. The Trade Union Act, Trade Union Amendment) Act, Trade Disputes (Essential Services) Act, Trade Disputes Act and Banks and Other Financial Institutions Act are the laws made pursuant to the 1999 constitution covering and regulating the right to strike by workers with derogations and restrictions contained therein. Though the Nigerian workers have the right to strike but the legal framework for the exercise of the right to strike is inadequate and a far cry from the standard by the world’s apex labour body, the International Labour Organisation. This work examines in totality the derogations and restrictions on the right of workers to strike in Nigeria and also draws lesson from South Africa on its express provision for the right to strike in the Nigerian constitution.