The failure of counsel to the Federal Government to comply with conditions of a court order on Thursday stalled the hearing of a motion on notice filed by the Office of the Attorney General of the Federation (AGF).
Mr Mohammed Adoke, the Minister of Justice, on behalf of the Federal Government, approached the National Industrial Court asking it to grant an injunction stopping the NLC and TUC from embarking on strike.
It will be recalled that the court granted the order to stop the NLC and TUC from embarking on strike or compelling anybody to go on strike over the removal of oil subsidy.
The court also restrained labour from inciting the public to embark on strikes, street protests, mass rallies or any action that would be inimical to the economy of the country pending the determination of the motion on notice.
The order was procured on Friday, Jan. 6, via an ex-parte motion by the office of the Attorney General of the Federation.
In his ruling, Justice Babatunde Adejumo held: ``I have gone through the motion papers and affidavit in support of the ex-parte application, as well as the written address and listened to oral submissions of counsel to the applicant.
“Section 7 (1) (b) of the NIC (2006], which is similar to section 254 (1) (6) of the constitution empowered this court to adjudicate over the subject matter of the ex-parte motion.
“Section 19 (a) of NIC permits the court to make orders for grant of interim reliefs.’’
Adejumo also said, ``Going through the records, l discovered that the AGF's office failed to comply with the order to publish the court injunction in three national dailies.
Adejumo also said, ``Going through the records, l discovered that the AGF's office failed to comply with the order to publish the court injunction in three national dailies.
“I have gone through my records and discovered that you have not fully complied with the order to publish the injunction in ThisDay, Punch and Guardian Newspapers.
“You asked for the order of the court and it was granted. You should have complied with the order. In view of this, the matter is not ripe for hearing.”
Chief Adegboyega Awomolo (SAN), counsel to the Federal Government, conceded that the applicant had not fully carried out the court order, and prayed for an adjournment to Monday, Jan. 16.
Adejumo granted leave to the AGF's counsel to publish the order of the court and hearing notices in Daily Trust or Leadership Newspaper.
He adjourned hearing of the suit to Monday, Jan. 16.
Meanwhile, Justice Adejumo has warned journalists not to expose the judiciary to public ridicule.
He gave the warning after reading a publication in a national newspaper on Saturday, Jan. 7 describing the court order of Jan. 6 restraining the NLC and TUC from embarking on the strike as “a black market injunction”.
“You must practice the profession with decorum and best international practice. I will not allow you to expose the judiciary to ridicule.”
He, therefore, ordered the Editor and Reporter of the newspaper, as well as an Abuja-based lawyer quoted by the newspaper, newspapertowyer asto appear before the court on Jan. 16 to explain their roles in the said publication.
Meanwhile, neither the NLC nor TUC was represented in court.
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