NECA: Labour’s Right to Strike Is Not Absolute, Must Respect National Sovereignty

The Nigeria Employers’ Consultative Association (NECA) has clarified that organised labour’s right to strike is not absolute but is subject to the national sovereignty of each member country of the International Labour Organisation (ILO).

NECA emphasised that Nigeria retains the authority to define the limits of industrial action within the country through its own Labour and Trade Disputes Acts.

The Director General of NECA, Mr. Adewale‑Smatt Oyerinde, made this statement yesterday following the International Court of Justice (ICJ) “Advisory Opinion” delivered on May 20, 2026, which ruled that the “right to strike” is protected under ILO Convention No. 87.

Oyerinde, a member of the ILO Governing Body, said: “We acknowledge the advisory‑opinion of the ICJ that the right to strike is protected under Convention 87 of the ILO.”

“However, it is very important to note that in the same breath, the ICJ explicitly declined to define the ‘content, scope, or conditions’ of the right to strike.”

“Consequently, the advisory opinion does not override national laws. Nigeria retains the sovereignty to define the limitations of industrial action through its own Labour and Trade Disputes Acts.”

He added that the right to strike was intentionally excluded from Convention No. 87 during its 1948 drafting.

He said: “Historical ILO records and the dissent of four ICJ judges – who argued that the advisory opinion constituted ‘human rights advocacy’ rather than standard treaty interpretation – support the position that supervisory bodies have historically overreached their mandates.”

Oyerinde stated that NECA remains committed to the principle of social dialogue and tripartism.

He said: “Our association will continue to support the stance previously taken by the Nigerian government, which favoured resolving these complex labour issues through consensus‑building rather than judicial determination.”

While acknowledging the ICJ opinion, Oyerinde stressed that “the exercise of strike actions must be balanced against critical factors, including the employer’s right to conduct and manage its business; the protection of essential services (e.g., health, water, electricity); national security and economic stability; existing Collective Bargaining Agreements (CBAs) among other bi‑lateral MoUs and agreements.”

He disclosed that as a member of the ILO governing body, NECA is preparing for the November 2026 ILO Governing Body session, where the way forward will be examined.

“In the interim, the association urges a ‘constructive and pragmatic’ approach, reaffirming its commitment to assisting the Nigerian government in ensuring that the national industrial relations framework remains balanced and conducive to economic growth.”

“NECA continues to advocate for a system where industrial harmony is achieved through proactive grievance handling and mediation rather than reliance on strike actions,” Oyerinde said.