The Nigeria Employers’ Consultative Association (NECA) says the right to strike remains subject to national laws and industrial relations frameworks.
Mr Adewale-Smatt Oyerinde, NECA Director-General, stated this in Lagos while reacting to the International Court of Justice (ICJ) advisory opinion delivered on Thursday, May 21.
Oyerinde, a member of the International Labour Organisation (ILO) Governing Body, said the ICJ recognised strike rights under ILO Convention No. 87.
He, however, noted that the court maintained such rights remain subject to national laws governing labour and industrial relations.
NECA acknowledged the opinion affirming that strike rights are protected under Convention No. 87 on freedom of association and workers’ organisation.
The Director-General said the ICJ did not define the content, scope, or conditions for exercising strike rights in member states.
According to him, the advisory opinion does not override 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. Nigeria retains sovereignty to define the limits and modalities of industrial action within the provisions of its laws,” he said.
Oyerinde said the right to strike was deliberately excluded during the drafting of Convention No. 87 in 1948.
He noted that historical ILO records and dissenting opinions by some ICJ judges supported concerns about expanded interpretations beyond the treaty provisions.
Oyerinde reaffirmed NECA’s commitment to social dialogue and tripartism in resolving labour disputes through consensus-building rather than judicial intervention.
He said strike actions should be balanced with employers’ rights, 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.
Oyerinde said NECA was preparing for the November 2026 session of the ILO Governing Body, where discussions would continue.
He added that the association remains committed to supporting the Federal Government in promoting industrial harmony through mediation and grievance resolution rather than prolonged strikes.
