FCTA workers appeal to Court of Appeal over strike injunction

Two officials from the Federal Capital Territory Administration Workers’ Joint Union Action Committee (JUAC) have approached the Court of Appeal in Abuja, seeking permission to challenge an interlocutory ruling issued by the National Industrial Court on Tuesday.

Rifkatu Iortyer, JUAC’s President, and Abdullahi Saleh, the Secretary-General, filed a Notice of Motion before the Abuja Judicial Division of the Court of Appeal, seeking to appeal the court’s decision. A copy of the motion was seen by PUNCH Online.

JUAC members had initiated an indefinite strike on January 19, demanding the resolution of welfare issues. Following an application by the Minister of the Federal Capital Territory, Nyesom Wike, the National Industrial Court issued an interlocutory injunction on January 21, halting the strike. Justice E.D. Subilim granted the order, and on Tuesday, the court directed the striking workers to suspend their action and return to work, despite claims from the unions that their demands remained unmet. The court adjourned the matter to March 25, 2026, for further proceedings.

The appeal application before the Court of Appeal stems from Suit No: NICN/ABJ/17/2026, where the respondents are the FCT Minister and the Federal Capital Territory Administration (FCTA).

In their motion filed on January 28, 2026, the applicants are requesting permission to appeal the ruling of the National Industrial Court and are also seeking a stay of execution of the court’s decision until the appeal is heard.

The applicants argue that they are dissatisfied with the ruling issued on January 27, 2026, and emphasize that, under Section 243 of the 1999 Constitution (as amended), leave from the Court of Appeal is required to appeal interlocutory decisions of the National Industrial Court on issues other than fundamental rights.

According to the motion, the applicants have already prepared their proposed Notice of Appeal, which they believe raises important legal issues with a strong chance of success in the appellate court. They further argue that enforcing the lower court’s order would undermine the purpose of their appeal, rendering it effectively moot.

They stated, “If the order of the lower court is executed, it will nullify the appeal and make it an academic exercise.” The applicants also contend that denying their request would prevent them and other workers from seeking justice, as they would be denied the opportunity to address their grievances under the Constitution.

The application is supported by an affidavit sworn by Rifkatu Iortyer, the first applicant. The legal team representing the applicants includes senior lawyers such as Femi Falana, SAN, Funmi Falana, SAN, Samuel Ogala, Esq., Maxwell Opara, Esq., and Femi Adedeji, Esq., of Falana & Falana Chambers, Abuja.

The respondents will be served through their legal representatives, Dr. Ogwu J. Onoja, SAN, and M.A. Ebute, SAN.

Meanwhile, the Nigeria Labour Congress (NLC) and the Trade Union Congress of Nigeria (TUC) have accused Minister Wike of attempting to intimidate the workers. In a joint statement issued on Wednesday, the labour unions expressed full support for the striking FCTA employees, condemning the minister’s actions and the National Industrial Court ruling as efforts to weaken the ongoing strike.

The unions also said they had hoped the court process would provide an opportunity for dialogue and an amicable resolution of the dispute. However, they alleged that the minister had instead resorted to threatening the workers.

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