Right to strike not absolute – NECA warns on ICJ ruling

Nigeria Employers’ Consultative Association (NECA) yesterday cautioned against what it described as a “misinterpretation” of the International Court of Justice (ICJ) last week endorsing workers the right to strike, affirming that the right to strike is protected under the International Labour Organisation (ILO) Convention No. 87.
Speaking in Lagos, NECA Director-General and member of the ILO Governing Body, Adewale Smatt Oyerinde, stressed that although the ICJ acknowledged strike action as a protected labour right, the ruling did not grant workers an unrestricted licence to embark on industrial action.
“The advisory opinion of the ICJ must be properly understood,” Oyerinde said. “While the court acknowledged that the right to strike is protected under Convention 87 of the ILO, it also clearly declined to define the content, scope, or conditions attached to that right.”
According to him, the opinion does not supersede Nigeria’s domestic labour laws, insisting that the country retains full authority to regulate industrial actions through existing legal frameworks such as the Labour Act and the Trade Disputes Act.
“Consequently, the advisory opinion does not override national laws,” he stated. “Nigeria retains the sovereignty to define the limitations of industrial action through its own labour and trade dispute legislations.”
The NECA boss further argued that the “right to strike” was deliberately omitted during the drafting of Convention No. 87 in 1948, adding that historical records of the ILO support that position.
He also pointed to the dissenting opinions of four ICJ judges, who reportedly argued that the court’s advisory opinion leaned more towards “human rights advocacy” than conventional treaty interpretation.
“That dissent reinforces concerns that supervisory bodies may have historically overreached their mandates in interpreting Convention 87,” Oyerinde maintained.
Despite its reservations, NECA reaffirmed its commitment to social dialogue, tripartism and peaceful dispute resolution mechanisms within the Nigerian industrial relations system.
“Our association remains committed to constructive engagement between government, employers and workers,” Oyerinde said. “We will continue to support the stance previously taken by the Nigerian government, which favours resolving complex labour issues through consensus-building rather than judicial determination.”
The employers’ body warned that strike actions, if not carefully regulated, could negatively impact critical sectors of the economy and threaten national stability.
Oyerinde noted that industrial actions must always be weighed against “the employer’s right to conduct and manage its business, the protection of essential services such as health, water and electricity, as well as national security and economic stability.”
He added that existing Collective Bargaining Agreements (CBAs), memoranda of understanding and other bilateral agreements must also be respected in any labour dispute.
The NECA Director-General disclosed that the association is already preparing for discussions at the November 2026 session of the ILO Governing Body, where the implications of the ICJ advisory opinion are expected to feature prominently.
According to him, NECA would continue to work closely with the Nigerian government to ensure that the country’s industrial relations framework remains balanced, predictable and investment-friendly.
He called for what he described as a “constructive and pragmatic” approach to labour relations, warning against excessive dependence on strike actions as a first response to workplace grievances.
“Industrial harmony is best achieved through proactive grievance handling, mediation and dialogue,” Oyerinde said. “Resorting to strikes should not become the default mechanism for resolving disputes.”
The ICJ advisory opinion delivered on May 20, 2026, has sparked debate among labour unions, employers and governments globally over the interpretation and application of workers’ rights under international labour conventions.