Nigeria Employers’ Consultative Association (NECA) states that the International Court of Justice (ICJ) advisory opinion does not supersede Nigeria’s labour laws.
The association emphasized that Nigeria retains sovereign authority to regulate industrial actions through its existing legal framework.
The Director-General of NECA, Mr. Adewale Smart-Oyerinde, made this statement on Sunday in Abuja, which was shared with reporters.
It is noteworthy that the ICJ recently issued an advisory opinion recognizing strike action as protected under International Labour Organisation (ILO) Convention 87.
Smart-Oyerinde explained that while the ICJ acknowledged strike action under Convention 87, it did not specify the scope, content, or conditions guiding how member states should exercise this right.
“Although the ICJ recognized strike action under Convention 87, it deliberately avoided defining the scope, content, and conditions governing the exercise of such rights.
“Nigeria reserves the right to determine lawful limitations on strike actions in line with national interest, economic stability, and established labour regulations,” he said.
Smart-Oyerinde pointed out that the right to strike was intentionally excluded during the drafting of Convention 87 in 1948. He added that historical ILO records support concerns about supervisory bodies overstepping their mandates.
He also noted that four ICJ judges dissented from the advisory opinion, viewing it more as a human rights advocacy stance than a traditional treaty interpretation.
The NECA director-general reaffirmed the association’s commitment to social dialogue and tripartite engagement.
He emphasized that strike actions should balance workers’ rights with employers’ ability to manage businesses, protect essential services, safeguard national security, and maintain economic stability.
He further mentioned that NECA is preparing for the November 2026 ILO Governing Body session, where the advisory opinion and the future framework for labour relations will be discussed.
Smart-Oyerinde reiterated NECA’s commitment to supporting government efforts to sustain industrial harmony through proactive grievance management, mediation, and constructive engagement, rather than prolonged industrial actions across sectors.
