NECA Reacts To ICJ Ruling On Right To Strike

The Nigeria Employers’ Consultative Association (NECA) has expressed mixed reactions to a recent International Court of Justice (ICJ) advisory opinion affirming that the “right to strike” is protected under International Labour Organisation (ILO) Convention No. 87, insisting that the right remains subject to national laws and regulatory frameworks.

Speaking on the development, NECA Director-General Adewale Smatt Oyerinde, said the ruling does not override Nigeria’s sovereignty in determining the scope and limits of industrial action within its labour relations system.

He explained that while the ICJ acknowledged strike action as a protected labour right under Convention 87, it stopped short of defining its “content, scope or conditions,” leaving room for national interpretation.

“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 very important to note that in the same breath, the ICJ explicitly declined to define the ‘content, scope, or conditions’ of the right to strike,” he said.

Oyerinde argued that the advisory opinion does not invalidate Nigeria’s domestic labour laws, stressing that the country retains authority under its Labour and Trade Disputes Acts to regulate industrial actions.

He also noted that the right to strike was not explicitly included in the original 1948 drafting of Convention No. 87, adding that differing interpretations by international bodies highlight ongoing debates around labour jurisprudence.

“The right to strike was intentionally excluded from Convention No. 87 during its 1948 drafting… supervisory bodies have historically overreached their mandates,” he stated.

Despite raising concerns, Oyerinde reaffirmed NECA’s commitment to social dialogue and tripartism, saying the association continues to support negotiated settlement of labour disputes over prolonged industrial actions.

He said NECA aligns with previous government positions that favour consensus-building mechanisms in resolving industrial disputes rather than judicial determination alone.

According to him, strike actions must be balanced with broader considerations, including employers’ rights to manage operations, protection of essential services such as health, water and electricity, as well as national security and economic stability.

He also referenced collective bargaining agreements and bilateral memoranda of understanding as key tools for sustaining industrial harmony in the country.

“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 examined,” he said.

Oyerinde urged stakeholders to adopt a “constructive and pragmatic” approach to labour relations, reaffirming NECA’s commitment to working with government and labour unions to ensure industrial peace and economic stability through mediation and grievance-handling mechanisms rather than frequent strike actions.