RIGHT TO STRIKE IN NIGERIA AND SOME SELECTED JURISDICTIONS

Abstract

The issue of workers right to strike has over the last several years become a contemporary issue in International Labour Law. Much juristic ink has been spilled on the issue of right to strike and a fascinating aspect of Labour Law which has irked considerable academic argument as a fundamental feature of many industrial relations systems. The right to strike is an indispensable component of a democratic society and a fundamental human right. The right to strike is an essential tool of trade unions all over the world for the defense and promotion of the rights and interests of their members, and a counter veiling force to the power of capital. There can be no equilibrium in industrial relations without a right to strike. Regardless of the importance of the right to strike, the right to strike has been restricted by our labour laws and has not been expressly provided for by the Constitution which is the grundnorm of the society and the International Labour Organisation. The Paper appraises the Nigerian law and practice on the right to strike in a democratic society in comparison with the position in some other jurisdiction. In other to achieve this aim, the researcher adopted doctrinal research method relying on primary and secondary sources of law on the right to strike. It is found that the right to strike is a vital tool used by workers to achieve their demands from their employers and thus an essential component of a democratic society but the nature and scope of the right to strike in Nigeria renders the right chimeric and most importantly violate international legal principles on the right to strike. Among other recommendations, express provision should be made of a positive right to strike by the Nigerian labour laws in conformity with international standards.