The Nigeria Employers’ Consultative Association (NECA) has stated that although the International Court of Justice (ICJ) recognised workers’ right to strike under international labour standards, the exercise of that right must remain subject to Nigeria’s labour laws and industrial relations framework.
Speaking in Lagos while reacting to the ICJ’s advisory opinion delivered on Thursday, May 21, NECA Director-General, Adewale-Smatt Oyerinde, said the court acknowledged strike rights under the International Labour Organisation (ILO) Convention No. 87, while also affirming that such rights are governed by national laws regulating labour and industrial relations matters.
Oyerinde, who is also a member of the ILO Governing Body, said NECA welcomed the opinion affirming that strike rights are protected under Convention No. 87 on freedom of association and workers’ organisation.
He, however, noted that the ICJ did not define the content, scope, or conditions governing the exercise of strike rights within member states.
According to him, the advisory opinion does not supersede domestic legislation regulating labour relations and industrial disputes in Nigeria.
“The advisory opinion should not be interpreted as replacing national legal frameworks governing labour relations,” Oyerinde said.
“Nigeria retains sovereignty to define the limits and modalities of industrial action within the provisions of its laws,” he added.
The NECA Director-General further stated that the right to strike was deliberately excluded during the drafting of Convention No. 87 in 1948.
He explained that historical ILO records and dissenting opinions by some ICJ judges reflected concerns over expanded supervisory interpretations beyond the original treaty provisions.
Oyerinde reaffirmed NECA’s commitment to social dialogue and tripartism in resolving labour disputes through consensus-building rather than judicial intervention.
He added that strike actions must be balanced against employers’ rights, the protection of essential services, national security, and economic stability.
According to him, Collective Bargaining Agreements, memoranda of understanding, and negotiated frameworks should remain central to industrial relations practice.
Oyerinde also disclosed that NECA was preparing for the November 2026 session of the ILO Governing Body, where discussions on the matter would continue.
He added that the association remained committed to supporting the Federal Government in promoting industrial harmony through mediation and grievance resolution, rather than prolonged strikes.
