The recent landmark advisory opinion by the International Court of Justice (ICJ) has ignited a fierce battle between Organised Labour and Employers’ Associations in Nigeria over the legal scope of the right to strike.
Recall that on May 21, 2026, the ICJ ruled in a 10–4 verdict that the right to strike is inherently protected under the International Labour Organization (ILO) Convention No. 87, which covers the Freedom of Association.
While workers globally celebrated the ruling, it triggered an immediate clash of interpretations in Nigeria between the Nigeria Labour Congress (NLC) and the Nigeria Employers’ Consultative Association (NECA).
The domestic conflict escalated following a televised broadcast where the Director-General of NECA, Adewale-Smatt Oyerinde, cautioned that the ICJ ruling is not an unrestricted license for industrial action.
He maintained that local frameworks like the Trade Disputes Act and the Labour Act remain supreme in regulating strikes within Nigerian borders.
Oyerinde also highlighted that the word “strike” was deliberately omitted during the initial drafting of Convention No. 87.
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.”
In a swift counter-response, NLC President Joe Ajaero, while featuring on television programme, heavily criticised NECA’s position, calling it an “unnecessary academic exercise in futility” and an attempt to weaken worker protections.
Ajaero stated that because the employer groups were the ones who initially escalated the matter to the ICJ after losing the debate within the ILO governing bodies, they must now respect the global court’s final validation without selective application.
“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.
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